BY EOIN REYNOLDS
TWO toxicologists have told the Central Criminal Court that it is ‘highly unlikely’ that a man accused of murdering his wife was intoxicated from cannabis at the time of the killing.
James Kilroy has pleaded not guilty by reason of insanity to the murder of his wife Valerie French Kilroy, who was originally from Leap, at their home in Kilbree Lower, Westport, Co Mayo, between June 13th and June 14th, 2019.
Psychiatrists have given conflicting evidence regarding Mr Kilroy’s mental health. Professor Harry Kennedy, who was called by the prosecution, said the accused was not suffering from a mental disorder under the Criminal Law (Insanity) Act 2006.
The professor said Mr Kilroy may have been suffering from the effects of cannabis use, which include intoxication, withdrawal, delirium and psychosis. Prof Kennedy said all those symptoms are direct consequences of cannabis use and are not distinct from intoxication.
He said that cannabis-induced psychosis is not a mental disorder under the Act and cannot be used as part of an insanity defence. He also said that the symptoms described by Mr Kilroy were not consistent with schizophrenia-type illnesses.
Dr Ronan Mullaney, who was called by the defence, disagreed. He said that drug-induced psychosis is a mental disorder, distinct from intoxication. He offered the opinion that Mr Kilroy was more likely than not suffering from cannabis-induced psychosis and meets the criteria for the special insanity verdict.
Dr Lisa Wootton, also called by the defence, said Mr Kilroy could have been suffering from a drug-induced psychosis but she preferred a diagnosis of acute and transient psychotic disorder. Dr Wootton also believed that the accused meets the criteria for the special verdict.
On Tuesday, Dr Johann Grundlingh, a toxicologist, told defence counsel Patrick Gageby SC that it is ‘highly unlikely’ Mr Kilroy was suffering from intoxication at the time of the killing. Dr Grundlingh based his finding on a blood test carried out shortly after Mr Kilroy’s arrest and a urine test taken two days later.
Both tests were negative for THC, the intoxicating component of cannabis. Dr Grundlingh also found that the symptoms described by Mr Kilroy, including hallucinations and delusions, were not consistent with cannabis intoxication or withdrawal.
In Mr Kilroy’s accounts to gardai and psychiatrists, he said that he had last smoked cannabis seven days before killing his wife. Dr Grundlingh said that cannabis intoxication typically lasts a few hours and can last up to 24 hours.
Dr Atholl Johnston, a toxicologist, was called by the prosecution. He agreed with Dr Grundlingh’s findings.
Following the close of the defence and prosecution cases, Mr Justice Tony Hunt told the eight women and four men that the trial is ‘complicated in terms of the expert evidence and the interaction between the expert evidence and provisions in law that you have to apply.’
He said he would take time with lawyers in the case to discuss those matters before the jury returns on Thursday to hear closing speeches.
