His family listened to garda interviews in which Silver insulted and denigrated his victim, questioning his ability as a detective and accusing him of attacking him for no reason and even suggesting he had shot himself. But when Silver took the unusual step of taking the stand in his defence, he said he was ashamed of how he acted in those interviews and apologised to the Horkan family. “There’s not a day goes by I don’t think about it,” he said.
He didn’t have a problem with alcohol, he said, and described himself as a friendly drunk. But drinking would upset his sleep pattern and trigger problems with his mental health. Cannabis, he said, would bring on episodes and he stopped using it about 13 years ago after hitting a friend for no reason.
Once out of hospital, the court heard, he would stop taking his medication as he felt it slowed him down, made him feel sleepy and low and would cause him to put on weight. James Dwyer SC, who delivered the prosecution closing speech at his first trial, said Silver used the CCTV to “retrofit” his claim that he was becoming delusional in the build-up to the shooting.
Gda Ray O’Dowd was the garda at the desk and recalled Silver ranting about an elderly man who had been abused by gardaí. He was “very angry”, refused to answer questions, and said he had proof on his mobile phone which he was going to take to the media. He stormed off after about 30 seconds. When the commotion had died down Mr McGarry would see the unmarked Hyundai driven by Garda Horkan circling the estate, presumably responding to his call. By then Silver and Coyne had put the bike away and were walking towards the centre of Castlerea to get a pizza.
Garda Aidan Fallon pictured outside the Central Criminal Court after giving evidence. Photograph: Collins Courts He described how he held the gun with both hands and fired the remaining bullets into Gda Horkan as he lay on the ground. A pathologist would detail the many injuries Gda Horkan suffered. They were not survivable.
When Gda Fallon told Silver he had “shot a guard” Gda Gillen recalled Silver responded, “he wasn’t a guard”. Gda Fallon described his thoughts at the time, saying, “I turned him around to start CPR and that’s when I seen it was Colm. I couldn’t believe it. It didn’t even enter my head … he was gone, I knew straight away.”
Consultant psychiatrist Dr Will Monteiro leaving court after giving evidence. Photograph: Collins Courts
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