Dublin domestic abuser who murdered his wife appeals conviction over comments made by expert psychiatrist

A domestic abuser who stabbed his wife to death has launched a bid to overturn his conviction, arguing that his history of violence should not have been referenced by a prosecution psychiatrist when giving evidence over the defence of diminished responsibility.

Alan Ward stabbed his wife Catherine Doyle to death at their home at Greenfort Drive, Clondalkin, Dublin 22, on March 1, 2019.

Ward (56) had denied murdering his 41-year-old wife, arguing that his responsibility was diminished due to a mental disorder brought on by a stroke he suffered two years earlier.

At the Court of Appeal, Giollaíosa Ó Lideadha SC, for Ward, said the 'nub' of the issue was that at the trial the consultant psychiatrist called by the State offered expert opinion evidence that referenced Ward’s history of violence in commenting on the 'ultimate issue' of diminished responsibility.

Counsel submitted that the prosecution’s expert psychiatrist at the trial, Dr Damian Smith, was of the opinion that, having regard to the background circumstances, in particular the history of violence and abuse, alcohol intoxication was the more likely cause of the appellant’s behaviour in killing the deceased, rather the effects of a mental disorder.

During the trial, Dr Smith said he was not satisfied that the brain injury caused by a stroke in 2017 was sufficient to diminish Ward's responsibility, although he said the final decision was a matter for the jury.

The defence had called consultant psychiatrist Dr Paul O’Connell who said a combination of brain damage and PTSD were present in Ward but that this was complicated by alcohol misuse.

Giving evidence at the trial, Dr O'Connell said it was up to the jury to decide if Ward should be found to have diminished responsibility due to his mental disorder and he therefore would not offer his own opinion.

Counsel submitted that Dr Smith had been permitted to give evidence 'on the ultimate issue, despite objection from the defence' at the trial.

It was submitted that this involved the psychiatrist giving opinion evidence to the effect that the defence of diminished responsibility did not apply and by implication, the appellant should be found guilty of murder.

Mr Ó Lideadha said Dr Smith should not have been permitted to offer opinion evidence on the ultimate issue in a case where a diminished responsibility defence was being run.

Counsel submitted that this opinion 'was a matter for the jury to determine, since it was necessary to balance all the evidence and circumstances, including factors which were not within the psychiatrist’s sphere of expertise – for example, the history of violence in the relationship.'

Mr Ó Lideadha said the defence’s consultant psychiatrist was correct to say there was a mental disorder but that he would not give an opinion on the ultimate issue of diminished responsibility.

Bernard Condon SC, for the State, said there was 'no prohibition' on expert witnesses such as consultant psychiatrists giving evidence on diminished responsibility.

"Expert assistance may be needed for the proper approach, provided the expert is not made into the thirteenth juror," said Mr Condon.

Mr Condon said that in Ward's trial both experts concurred on both the defendant’s mental illness and the effects of intoxication and said 'the jury would benefit from those opinions and both experts are saying this is indeed a matter for the jury.'

Mr Condon added that the trial judge also decided that the jury would benefit from expert testimony by the consultant psychiatrists regarding the interaction between intoxication and mental illness and 'again, told them [the jury] it was a matter for them”'

"This man beat up his wife in 2002 and then beat her up and killed her in 2022. Dr Smith said he [Ward] had a stroke in 2017. The ABI [Acquired Brain Injury] comes after that 2002 assault. The appellant badly beat up wife before he had a stroke," said Mr Condon.

Regarding the defence of diminished responsibility, Mr Condon said: "You have to actually see how the mental illness affects the actions. The door has to be opened to the entire background of a person. The jury has to understand the interplay of all these facts."

Ms Justice Isobel Kennedy said the three-judge court would reserve judgement in the matter.

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EVIDENCE IN TRIAL

During the trial, Adam Ward, a son of the accused and deceased, told the jury that he emerged from his room after hearing a bang and saw his father in the doorway of his parents' bedroom striking downwards.

When Adam asked what he was doing, his father told him: "get the f**k away from me or I'm going to kill you," swiped at him with the blade and lunged towards him.

Adam stepped backwards, out of the way of the knife, and ran downstairs.

When he saw his father following he quickly unlocked the front door and ran across the street to where he saw a small group of people. He told them what had happened and one of them called gardaí.

The trial also heard that Ward was convicted in 2002 of assaulting his wife causing her harm and gardai were called to their home to respond to domestic disputes five times over the years.

When he lived in Tallaght, Ward got into a fight with a neighbour and stabbed him in the neck with a Samurai sword. Gardai were called to that incident but Ward's neighbour decided not to make a complaint, the trial heard.

In 2017, Adam said his father had a stroke which affected his speech and required him to attend classes to learn how to talk.

He said his father's personality didn't change following the stroke; the only difference Adam noticed was the difficulty his father had with his speech.

Adam said that after the incident with the Samurai sword, he thought his father 'could do it again but just never thought he would do it to my Ma.'

The jury also convicted Ward of threatening to kill or cause serious harm to his son Adam Ward and of attempting to stab him on the same date.

Mr Justice Hunt sentenced Ward to five years and three years respectively for those offences, with each sentence to run concurrently to the life sentence.