Stephen Silver, described as having a “seething resentment” towards the Garda, will serve a sentence of up to 30 years following his conviction for the capital murder of Det Garda Colm Horkan in Co Roscommon in June, 2020.
The murdered detective’s brother, Brendan Horkan, paid an emotional tribute to him on the steps of the Criminal Courts of Justice in central Dublin on Wednesday after the jury delivered its verdict.
“Colm was the best of us, he deserved this verdict today,” Mr Horkan said, thanking the Garda team who worked on the case, and who knew his brother, for bringing 46-year-old motorbike mechanic Silver to justice.
“We were horrified and shocked to the core to learn of the circumstances that led to Colm’s death as he went about his job protecting the streets. Colm was a fantastic son, brother, uncle and friend, who remains etched in our minds every minute of every day. We love him dearly.”
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Garda Commissioner Drew Harris said it was a “sombre” day for the Horkan family, from Charlestown, Co Mayo, and An Garda Síochána. He added “Colm went to work in Castlerea Garda station” for a “routine day’s work” but was “murdered on duty and never came home to his family”.
Minister for Justice Simon Harris TD said “Colm’s murder in June 2020 shocked us all” and “stole from his family and friends a beloved, kind and gentle man”. His killing was “a personal loss for the whole country”.
Silver will now be sentenced on April 19th to the mandatory 40-year term for capital murder. However, because of a Supreme Court ruling in 2013, he will be entitled to automatic remission of 25 per cent, meaning his sentence is reduced to 30 years. If he is of good behaviour in prison, that remission would increase to a third, meaning he would be freed after spending just over 26½ years in prison. He has been in custody since the murder, meaning his sentence will be backdated to June 2020.
As the verdict was read out on Wednesday there were emotional reactions from family members on both sides who were present in court. A tearful member of Silver’s family said: “He’s sick, he’s a sick man.”
Silver, of Aughaward, Foxford, Co Mayo, had pleaded guilty to the manslaughter of Det Horkan on the night of June 17th, 2020, but denied murder. The trial heard Det Horkan was working alone from an unmarked patrol car on the night. He stopped his vehicle in Castlerea just before midnight to speak to Silver about his driving a motorbike erratically.
However, when Det Horkan got out of his car a struggle ensued with Silver, who grabbed the detective’s gun and shot at him 11 times, continuing to fire until all of the rounds had been discharged. Silver claimed he did not know Det Horkan was a Garda member and instead thought he was “a heavy from Dublin” who was about to kill him and so had acted in self-defence.
The court heard Silver had suffered from bipolar affective disorder, though consultant psychiatrist Prof Harry Kennedy said he found “no positive evidence” Silver had relapsed at the time he shot dead Det Horkan. Dr Brenda Wright, interim clinical director at the Central Mental Hospital, told the court Silver’s illness contributed significantly to his actions at that time.
The jury was told the main issue they must decide upon was Mr Silver’s state of mind when he shot dead Det Horkan, which he admitted by pleading guilty to manslaughter.
Before the jury began its deliberations on Monday, Ms Justice Tara Burns at the Central Criminal Court told the jury members the possible verdicts they could consider related to capital murder, murder simpliciter, or manslaughter either because of diminished responsibility or self-defence. The jury of seven men and five women deliberated for a total of eight hours and 39 minutes before returning their unanimous verdict. Last November another jury failed to agree a verdict, resulting in a retrial.
