Billy Burns' jury rejects insanity defence and finds Kerry man guilty of murdering his mother

by Eoin Reynolds and Alison O'Riordan

A jury has unanimously convicted a Kerry man of murdering his 75-year-old mother, rejecting his claim that he should be found not guilty by reason of insanity, having strangled her to death at her home three years ago while suffering a manic episode related to bipolar disorder.

The jury accepted the prosecution's case that the cause of 55-year-old Billy Burns' killing his mother, Miriam Burns, was not mental illness but his "long-term abuse of drugs and alcohol" and anger towards his mother.

The trial heard that Burns had been aggressive and violent towards his mother since he was a teenager and on one occasion broke his mother's jaw.

Burns had denied to gardaí any involvement in his mother's death, told lies about his movements on the day and made deliberate attempts to destroy evidence related to the killing, the prosecution had also argued.

Following Monday's verdict, Ms Justice Karen O'Connor, who presided in the trial, adjourned the matter to this Friday when Burns faces the mandatory sentence of life imprisonment. Members of the Burns family will be invited to make statements to the court.

During the one-week trial at the Central Criminal Court, two psychiatrists differed on whether Billy Burns qualified for a special verdict of not guilty of murder by reason of insanity.

Burns' treating psychiatrist Dr Eugene Morgan, who was called by the defence, told the trial that the defendant was suffering from hypomania due to bipolar affective disorder and met the criteria for the special verdict.

Dr Stephen Monks, a consultant psychiatrist at the Central Mental Hospital, said that despite Burns's mental illness, he understood the nature and quality of his actions when killing his mother, knew it was wrong and was able to refrain from the killing.

The jury of eight men and four women at the Central Criminal Court took six hours and eight minutes to reject Billy Burns' plea of not guilty by reason of insanity.

Miriam Burns (75) was found dead at her home at Ardshanavooley, Killarney, Co Kerry on August 15th, 2022, when her other family members asked neighbours to check on her.

The prosecution alleged that Burns (55), who had pleaded not guilty by reason of insanity, inflicted the fatal injuries on August 12th or 13th.

A pathologist's report showed that she died from manual strangulation associated with blunt force trauma to the head.

Following today's verdict, Ms Justice Karen O'Connor thanked the jury for their service and exempted them from jury duty for five years.

She also spoke of the "incredible integrity" the Burns family showed throughout the trial and noted the insight the court had received into their "gorgeous mother".

She added: "You have honoured her as the wonderful person she was and you should be proud of how you have conducted yourselves."

Billy Burns, who has been in custody throughout the trial, was taken to the cell area by prison officers.

During his trial, State Pathologist Dr Margaret Bolster described injuries to Ms Burns's face, neck, back and legs that were consistent with multiple blows, manual strangulation and possible suffocation.

Miriam's sister, Helen O'Leary, told the trial that three weeks before she was killed, she told her sister to let her son go, but the deceased "didn't want to hear it".

Ms O'Leary called her sister Miriam "a saint with what Billy put her through for years".

In closing speeches, the prosecution asked the jury to consider whether Burns was attempting to "pull the wool" over their eyes by pretending he was suffering from psychosis to secure a verdict of not guilty by reason of insanity.

Sean Guerin SC, alongside Ronan Prendergast BL, prosecuting, said the defendant's history of aggressive and abusive behaviour towards his mother was not explained by psychiatric illness. Mr Guerin suggested that the real cause of Burns's violence on the day he killed his mother was his abuse of drugs and alcohol in the lead-up to the killing and that he was annoyed.

Mr Guerin said comments made by the accused to psychiatrist Dr Mary Davoren, in which he complained of being 'framed' for his mother's killing, showed that he "fully understood what murder was, what killing another human was and that it was wrong".

Counsel said further evidence of Burns' level of understanding could be gleaned from his denial to gardaí of any involvement in his mother's killing and lies he told about his movements on the day.

Anthony Sammon SC, for the defence, said that the consultant psychiatrist called by the prosecution had not effectively countered the opinion given by Dr Morgan that the defendant was so mentally unwell when he killed his mother that he did not understand what he was doing, did not know it was wrong and was unable to refrain.

There were four verdicts the jury panel could return in relation to the murder charge against Burns, namely: guilty of murder; not guilty by reason of insanity; not guilty of murder but guilty of manslaughter by reason of diminished responsibility; or not guilty.

In her charge, Ms Justice Karen O'Connor said to simply find Burns not guilty of murder would be at "complete variance" with all the evidence as he had admitted killing his mother.

"You heard the details of the brutal way this woman met her death so it would be completely at odds with that," she said.

Murder, the jury heard, is an unlawful killing where the accused intended to kill or cause serious injury.