Nina Grahame KC defends in unusual murder trial, securing a special verdict of ‘not guilty by reason of insanity’ for client whose complex mental health difficulties had been tragically misdiagnosed for many years.
13 August 2024
Colin Neil, with the support of his loving parents, repeatedly sought treatment for almost a decade for his frequent vocal outbursts, extreme fearfulness, sleepwalking and significant gaps in memory. These episodes, diagnosed on numerous occasions by medical professionals as “night terrors” and/or symptoms of withdrawal from prescribed benzodiazepines, both distressed and terrified Colin Neil and those close to him. He was sectioned under the MHA 1983 on two occasions but discharged without an alternative diagnosis – his repeated queries as to whether he might be having some form of seizure were dismissed.
In July 2023, Colin Neil experienced a major episode as a result of which he killed his much loved father with a hammer, making it clear as he did so that he believed he was hitting a different person who had committed murders.
Following his arrest for the murder of his father and as the criminal proceedings continued, neurological and psychiatric experts tested and assessed Colin Neil, ultimately agreeing a firm diagnosis of Temporal Lobe Epilepsy with Gastaut-Geschwind syndrome resulting in severe psychotic episodes. Colin Neil’s TLE symptoms can be controlled with appropriate medication.
In this unusual and tragic case and given the experts’ full agreement that the offence was committed during an ictal or post-ictal episode, the prosecution conceded that the defence clearly made out the partial defence of diminished responsibility – DR reduces murder to manslaughter but some degree of criminal culpability remains. The defence pursued the full defence of insanity which leads to mandatory hospitalisation under the MHA 1983 ss 37/41 but is an acquittal confirming no retained criminal responsibility. This issue must be tried by a jury with the burden on the defence to prove that the test is made out.
The jury’s unanimous verdict confirmed that the defence had discharged the burden of proving insanity and the defendant returned to a secure psychiatric hospital to continue his treatment.
Although ultimately a successful outcome, this case highlighted, yet again, the clear inadequacy of ‘insanity’ law; in the opinion of many criminal justice practitioners and medical professionals, Nina included, this antiquated area of law is not fit for purpose, carries a significant risk of injustice and is long overdue for full reform.
Nina Grahame KC led Clare Ashcroft of Lincoln House Chambers and was instructed by John Weate and Matthew Weedall of RMNJ Solicitors, Birkenhead.
News Coverage
