Cawley’s mental health may not mean diminished responsibility

ACCUSED Alan Cawley arriving at Swinford District Court in 2013, when he was first charged with the murders of Tom and Jack Blaine. Pic: Keith Heneghan/Phocus

Evidence of defence psychiatrist contradicted by State prosecution witness  

Natasha Reid

A forensic psychiatrist for the State has told a Ballina man’s murder trial that although he had personality disorders when he killed two elderly brothers with special needs, they did not qualify as mental disorders in law.
It follows the evidence earlier this week of a defence psychiatrist, who told the Central Criminal Court that Alan Cawley had three mental disorders at the time and that they had diminished his responsibility for his actions.
If satisfied that he had a qualifying mental disorder, the jury could find him guilty of manslaughter rather than murder on the grounds of diminished responsibility.
The 30 year old, of Four Winds, Corrinbla, Ballina, has admitted killing Thomas Blaine (69) and John (Jack) Blaine (76). However, he has pleaded not guilty to murdering them on July 10, 2013, at New Antrim Street in Castlebar.
The State today (Wednesday) called forensic psychiatrist Dr Brenda Wright, who gave a different conclusion to that of the defence’s witness, Dr Pawan Rajpal.
She told Tony McGillicuddy, BL, prosecuting, that she studied Mr Cawley’s medical and psychology records dating from when he was four years of age. She also interviewed the accused and his parents.
She said she agreed with Dr Rajpal’s diagnoses of both Emotionally Unstable Personality Disorder and Anti-Social Personality Disorder. However, she disagreed with his opinion that they were mental disorders under the Criminal Law Insanity Act 2006.
She said that the types of disorders allowed under the act impaired a person’s capacity or ability to make decisions, to understand or remember information needed to make decisions, to weigh up the pros and cons of decisions or to communicate them. She said that a personality disorder did not. “Therefore, it’s my view it’s not a mental disorder under the Act,” she said.
Dr Rajpal also testified that Mr Cawley had ADHD (Attention Deficit Hyperactivity Disorder) at the time of the offences; the court had heard that he had been diagnosed with the disorder at the age of eleven.
Dr Wright said that she looked for behaviour that would suggest such a difficulty in videos of the interviews he gave the Gardaí in the days after the killing. However, she said she found none.
She will continue her evidence tomorrow (Thursday) morning before Mr Justice Paul Coffey and a jury of four women and eight men.