A jury at the Central Criminal Court has heard that a 55-year-old man strangled his mother while suffering from a manic episode due to bi-polar disorder three years ago.
Billy Burns has pleaded not guilty by reason of insanity to the murder of his 75-year-old mother Miriam Burns at her home in Ardshanavooley, Killarney in Co Kerry between 12 and 15 August 2022.
In his opening statement, prosecuting counsel Sean Guerin told the court that Mr Burns was living rough in Killarney at the time.
He had returned home to visit his mother on 12 August 2022 when some sort of row took place. He said neighbours saw him leave the house and shout "you f***ing c***" as he left.
Mr Guerin said it appears that Mr Burns returned to the house later that night and remained there overnight.
Miriam Burns was last seen alive through a window of her house some time between 8pm and 10.30pm. She had stopped responding to calls or texts later that night and its believed she was killed some time after 10pm.
Mr Burns was seen leaving the following morning. He returned later that night and left with a rucksack containing items from the house which he later tried to dispose of and burn in an attempt to destroy evidence, the court was told.
When the family became concerned about Miriam Burns they asked neighbours to check on her and she was found dead in her living room on 15 August. She had died from asphyxia due to manual strangulation along with blunt force trauma to her head.
Mr Burns was arrested on 16 August and was re-arested in February 2023 as a result of further investigations.
Mr Guerin told the jury it would hear evidence from two psychiatrists, called by the prosecution and defence. He said both would agree that Mr Burns was suffering from a mental disorder at the time of the killing but would disagree about his level of criminal responsibilty.
Mr Guerin told the jury it was admitted by the defendant that he had killed his mother and was physically responsible for the act but his plea of not guilty by reason of insanity meant he was claiming he was not legally responsible in terms of a murder charge.
Mr Guerin explained that while it was open to the jury to find him not guilty by reason of insanity it could also find him guilty of manslaughter by reason of diminished responsibility as would be argued by the prosecution.
He said the defence would argue that Mr Burns did not know what he was doing, did not know it was wrong and was unable to refrain from doing it because of his mental disorder.
He said the prosecution would argue that while he did have a mental disorder he knew what he was doing, knew it was wrong and was not unable to refrain from doing it.
The trial is expected to last just over a week.
