Silver guilty of capital murder

Garda Colm Horkan fondly remembered

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46-year-old Stephen Silver of Foxford, Co. Mayo was found guilty on Wednesday of the capital murder of Detective Garda Colm Horkan in Castlerea, Co. Roscommon over two years ago.

Mr Silver, a motorbike mechanic from Aughavard, Foxford, Co. Mayo, had pleaded not guilty to the capital murder of Garda Horkan (49). He had pleaded guilty to manslaughter.

Following the verdict, Minister for Justice Simon Harris said his thoughts are with the family and friends of Detective Garda Colm Horkan, and with all his colleagues in An Garda Síochána. He said Colm’s murder “stole from his family and friends a beloved, kind and gentle man who served with duty and distinction, keeping his community safe and serving the State”.

Garda Commissioner Drew Harris said Wednesday was a sombre day, in particular for Colm Horkan’s family and friends, and for everybody in Colm’s wider Garda family.

Garda Horkan, who was on patrol alone in an unmarked Garda car in Castlerea on the night in question, stopped Silver after receiving a report of someone matching his description driving recklessly on a motorcycle in the town’s Main Street.

The court was previously told that a struggle had ensued between the two men during which Mr Silver took the detective’s service firearm from its holster and discharged fifteen rounds, hitting Garda Horkan 11 times and wounding him fatally.

The jury had a number of possible verdicts open to them including capital murder, murder or manslaughter on the basis of diminished responsibility, or self-defence.

The jury of seven men and five women began deliberations at the Central Criminal Court on Monday afternoon. The jury reached a unanimous guilty verdict yesterday (Wednesday) afternoon before Ms Justice Tara Burns.

Mr Silver’s sentencing hearing will begin on Wednesday, April 19th. He faces a mandatory minimum sentence of 40 years in prison. More on page 3.

Compulsory Purchase Order

I understand that my land will be targeted by the local Council to facilitate a road development in my area. I don’t want to sell my land and I am very dis-tressed about this. Is there anything I can do? Will I be compensated? Please advise me.

Certain statutory bodies, to include local authorities, can take land or property without the consent of the owner by means of a compulsory purchase order (CPO). Compulsory purchase only usually takes place to allow a public infrastructure project to go ahead e.g. to facilitate the development of a new road.

If your property is compulsorily purchased, you will be eligible for compensation. Such compensation is designed to restore you, as far as possible, to the same position as you were in before your property was acquired. You should be paid compensation based on the market value of your property. The compensation should reflect both the actual land ac-quired and the reduction in value, if any, of your remaining lands as a result of the CPO.

If your property is going to be compulsorily acquired then you will be served with a formal notice advising you of the proposed CPO. You have the right to raise objections and make representations concerning the proposed CPO. However, it is important that you react quickly as strict time limits apply for lodging objections and for any court actions which may be required to challenge the CPO.

It is important that you receive detailed legal advice on the options open to you. We at Byr-ne Carolan Cunningham Solicitors have handled many compulsory purchase cases from the very initial stages right through to full challenges through the Courts. We work with other experienced professionals to include planners, surveyors and valuers so as to best represent your interests. Please feel free to contact us for further advice specific to your own situation.

This column is prepared by Dolores Gacquin, Solicitor. Byrne Carolan Cunningham have offices in Athlone, Moate, Lanesborough and Galway.

A person should always contact their solicitor to obtain legal advice specific to their own situation. The above column contains general information and cannot be relied upon as legal advice. * In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement

Byrne Carolan Cunningham SOLICITORS

Telephone Central Line 090 6478433 info@bccsolicitors.ie