A 33-year-old man has pleaded not guilty to the murder of an 88-year-old hospital patient, but guilty of his manslaughter by reason of diminished responsibility.
Dylan Magee, of Churchfield Green, Churchfield, Cork city entered his plea on the opening day of his trial for the murder of retired farmer Matthew Healy, at Room 2, St Joseph's Ward, Mercy University Hospital, Cork, on 22 January 2023.
Outlining the State's case to the jury at the Central Criminal Court in Cork, Jane Hyland SC said it is "a very upsetting case" with complicated evidence.
She told the jury of four women and eight men that the case would involve the "legal ingredients" of a murder charge, complicated by the addition of two defences offered under the Insanity Act.
She told the jury they would hear from gardaí who investigated the case, from Assistant State Pathologist Dr Margot Bolster, and from two psychiatrists, one on behalf of the State and another for the defence.
She said the jury would have to decide after hearing from both psychiatrists if Mr Magee, on the balance of probabilities, was suffering from a mental disorder when he attacked Mr Healy in his hospital bed.
Outlining the background to the case, Ms Holland said the retired farmer was admitted to the Mercy University Hospital on 13 January 2023 after he had fallen out of bed at home and admitted to room two on St Joseph's Ward.
Six days later, Mr Magee was brought to the hospital by his brother and aunt who were concerned about him.
She said the jury would hear evidence that he was hallucinating.
"He had Covid the week before. He had started on anti-depressants the month before, his brother had committed suicide the year before, he hadn't been sleeping, he had been taking pain relief including xanax, and toxicology tests found him positive for cannabis resin and benzodiazepines," Ms Hyland said.
The jury would hear evidence from those who treated him, and that he was assigned a Special Care Assistant.
Three days later he was admitted to the same room as Mr Healy. They did not know each other.
Ms Hyland said there would be evidence that over the course of Saturday, 21 January, he became increasingly agitated, "laughing and talking to himself" but settled down after being given sedatives.
However at 5.15am, while his Special Care Assistant had his back turned, he punched Mr Healy a number of times into the head with his right hand and despite a nurse's efforts to restrain him, he punched the widower again shouting that "this man ate my son".
A full scale emergency was launched but Mr Healy could not be resuscitated.
Ms Hyland said as part of the evidence in the case the jury would heard Mr Magee's interviews with gardaí.
"You will hear what he said and what he was like," she said, adding that Mr Magee accused Mr Healy of kidnapping and cannibalising his children.
They would also hear from Assistant State Pathologist Dr Margot Bolster who would say that Mr Healy died of a cardiac arrest because of the injuries he sustained.
Two psychiatrists would also give evidence - one on behalf of the State, the other on behalf of the defence, both of whom will say either verdict - not guilty by reason of insanity or guilty of manslaughter by reason of diminished responsibility - is available to Mr Magee.
The jury has begun hearing garda evidence and is expected to hear from Dr Margot Bolster, Assistant State Pathologist this afternoon.
The case is expected to conclude this week.
