Judge deems matricide accused poses a danger to others

A 45-YEAR-OLD Cookstown man, accused of murdering his mother, was granted bail at the Magistrates Court last Friday but three days later on Monday, the decision was overturned on appeal in the High Court.

Mr Justice McAlinden deemed that Barry Noone of Ratheen Estate poses a danger to others, including a friend in London he proposed to stay with, who is recovering from major illness and surgery.

The judge said he had “no hesitation whatsoever” in remanding him in custody. Describing the friend as ‘highly vulnerable’, he stated, “Mr ***** would be the person significantly at risk if Mr Noone is acting as carer and feels it is all too much. If Mr Noone is unable to cope with his condition who knows what could happen”.

The accused has been in custody since Sunday, June 19 when he was arrested at the home he shared with his 77-year-old mother Una Noone.

A previous court hearing was told he informed police that he murdered her and left a note saying he was “unable to take any more”. A post-mortem examination gave the cause of death as compression of the neck.

A detective told the court, he said, ‘I murdered her’ and that he took 25 to 30 of her valiums and did “not expect to wake up”.

Noone had returned from England in April to care for his mother.

Police opposed bail on the grounds that Noone presents a danger to himself and others. Defence barrister Fintan McAleer, instructed by solicitor Kevin McElduff, said the defendant has no criminal record and had made no threats to his own life since he has been in custody.

He also stated that Noone has been part of the prison ‘population’ and not received any medication or psychological support since two days after he was arrested.

Lawyer for the prosecution, Fiona O’Kane BL said Noone had googled ‘matricide’ before the death of his mother. She also stated he came from London to assist his mother and within two months had ‘murdered her’. She suggested he had not looked for any outside assistance to cope with his situation.

She stated, “Mr Noone is a risk to himself and a risk potentially to other people”.

The High Court judge said an expert report compiled by a psychiatrist since the defendant went into custody, “gave rise to some concerns”. He noted there was no diagnosis of any mental illness, substance abuse or addictions.

Mr Justice McAlinden stated, “The applicant claims he could not cope with his mental health and her mental health and took her life. In the custody record there are very few mentions of mental health issues and after two days he was in the general prison population without any issues regarding mental health.

“An expert does not strongly support that this man suffered from mental health issues when he strangled an elderly vulnerable lady”.

The judge also stated, “The offending in this case is far from explained. If there is a history of depression, as appears to be the excuse put forward, depression doesn’t disappear overnight. There was no evidence of depression immediately after he was in custody and he was in the prison population very quickly. If he was in depression when he killed his mother, he certainly got over it very quickly”.