Stephen Silver, who is on trial accused of murdering a garda with his own gun, described an account of the shooting given by the man who was with him on the night as “lies, absolute bullsh*t”, the Central Criminal Court has heard.
During an interview with detectives two days after Garda Colm Horkan was shot and killed, extracts from a statement given by James Coyne were read to Mr Silver who claimed the details provided by the witness were “completely incorrect”.
Footage from three interviews conducted with Mr Silver on June 19th, 2020 was viewed by the trial jury on Monday.
During the course of the interviews, Mr Silver refuses to answer questions on a number of occasions, whistles, sings, faces into the corner and at one point claims he is a Captain of the 62nd Cavalry Reserve with the Connaught Rangers.
The court also heard that prior to the interviews, the accused was “aggressive”, “angry” and “threatening”.
Mr Silver (46), from Aughavard, Foxford, Co Mayo has pleaded not guilty to the capital murder of Garda Horkan (49) knowing or being reckless as to whether he was a member of An Garda Síochána acting in accordance with his duty at Castlerea, Co Roscommon on June 17th, 2020.
He has pleaded guilty to manslaughter and the jury have been told the main issue in the trial is Mr Silver's state of mind at the time of the shooting.
At the start of the third interview, Mr Silver told gardaí through his solicitor that he had told them everything he needed to tell them the previous day and intended to remain silent.
Interviews
Mr Silver then turned his chair to face the corner of the wall before getting up and standing at the window with his back to the two interviewing detectives.
Before the third interview was played to the jury, Detective Garda Brian Reedy told prosecuting counsel James Dwyer SC that Mr Silver had refused to sign the memorandum of interview conducted by himself and Detective Garda David Charles and had also refused to sign the master seal on the DVD.
After refusing to sign the memo of interview, Mr Silver said: “lookit lads, you have to respect your elders now. You've no idea of the seriousness you’re in, and I mean that, so wind your f**king necks in and chill out".
During the interview, the accused refuses to confirm his name and address. When it’s put to him that he was arrested on suspicion of possessing a firearm, Mr Silver replied: “I had no firearm. I had no firearm. I had no sleep.”
During the course of the interview Mr Silver also requests numerous toilet breaks, stands on a chair and pulls at a blind on the window.
He refuses to look at a picture of a backpack which had been retrieved from the scene, stating: “Social distancing, you’re way too close man. Way too close.”
The accused is then shown a Samsung mobile phone and tells detectives it “looks like my phone”. Asked if he is confirming it is his phone, the accused states: “No, I said it looks like my phone. Has it been tampered with? I don’t know.”
Mr Silver then goes on to state he is a captain of the 62nd Cavalry Reserve with the Connaught Rangers.
Human rights
As the notes of interview are read back to Mr Silver by Detective Garda Charles, the accused interjects and mentions his human rights. He then asks the detective what he got in his Leaving Certificate before speaking in Irish to him.
Detective Inspector Brian Hanley told Michael Delaney SC, prosecuting, that he came on duty on June 19th, 2020 and became aware of an issue with Mr Silver. He said the accused had removed his clothes and was acting in a threatening manner to some members.
He agreed with Mr Delaney that he and Detective Garda Patrick Farrell went to speak to Mr Silver with a view to conducting a further interview. Asked by Mr Delaney what Mr Silver’s demeanour was when they spoke to him, Det Inspt Hanley said: “He was aggressive, he was shouting, he was angry, and he was threatening”.
The detective inspector confirmed he was involved in the fourth interview, which took place on the afternoon of June 19th.
The Det Inspt agreed with Mr Delaney that during the course of this interview, various extracts from witness James Coyne’s interview were read over by Mr Silver and his solicitor and the accused was invited to comment on them.
The court heard at the end of the interview, Mr Silver refused to sign the memo of interview. He also refused to sign the pages from Mr Coyne’s interview.
During the interview footage seen by the jury, Det Insp Hanley again asked Mr Silver to explain what happened on the night Gda Horkan was shot.
Mr Silver said the driver of the car got out and “squared up” to him. The accused said he pushed the man away and said “keep your distance”. A scuffle ensued and the weapon “got loose”. Asked how it got loose, Mr Silver said he had “no idea”.
"Somebody got to that weapon, we were both wrestling with that weapon, and it then started going off.”
Mr Silver said when it was discharged at the end he was holding it, and then he threw it away.
“The end result was I ended up with the weapon, but it was not my weapon.”
Asked what his recollection was of what James Coyne said on the night, Mr Silver said: “He said ‘no Stephen’ but by that stage it had gone too far.”
He went on to say Garda Horkan “never at any stage indicated he was a detective”.
ID
“I would have seen ID, we were just two guys walking. Why would you not produce ID?. Why would you square up to them? That’s a street fight.”
When Inspt Hanley put it to him that Gda Horkan had identified himself as a garda, Mr Silver denied this was the case.
As extracts of James Coyne’s statement were read to him, Mr Silver looked out the window and began whistling.
He then claimed what was being read was “completely incorrect” and added: “Lies, absolute bullsh*t. You can write that down.”
Asked what part of it was lies Mr Silver replied: “I won’t be saying another word” and then requested a toilet break.
Mr Silver refused to sign the memo of interview after it was read back to him and refused to confirm it was correct.
The jury also viewed part of Mr Silver’s fifth and final interview in which detectives attempted to show him a photograph of the firearm which had been located on Main Street following the shooting. As he was invited to view the picture, Mr Silver looked out the window whilst whistling and singing “All by Myself”.
Mr Silver refused to answer when asked if Garda Horkan had produced his garda ID during their interactions.
The trial continues on Tuesday before Ms Justice Tara Burns and the jury of seven men and five women.
