Woman found guilty but insane - murder
A 30 year-old woman was today found guilty but insane of the murder of her eight year-old son by a unanimous jury verdict at the Central Criminal Court
After less than twenty minutes of deliberations the jury found Jacqueline Costello, formerly of Woodlawn Grove, Waterford guilty but insane of the murder of her son Robert Costello at Deerpark, Mullinavat, Co Kilkenny on 28 October, 2000.
Mr Justice Paul Butler ordered that Ms Costello be detained in the Central Mental hospital in Dundrum until the pleasure of the government is known. Mr Justice Butler criticised the criminal insanity laws as "not only grotesque, but obscene". "Poor Robert was the prime victim, but the accused too is a very real victim," he said.
He said "a real stigma" was attached to the verdict available in the trial and "it should be 'not guilty by reason of insanity'".
"There have been several reports about this ...it is quite clear to our policy makers but nothing has been done about it," he said. He thanked the jury and exempted them from jury service for five years.
During the trial the court heard that Ms Costello strangled and suffocated her eldest son Robert when she was suffering from a psychosis "causing insanity".
Two psychiatric consultants gave evidence that she was insane at the time of the killing; that she didn't know what she was doing was wrong and could not have been stopped. Dr Brian McCaffrey gave evidence that Ms Costello "was so psychotic that she felt she was doing the right thing,".
"She was actually killing Robert but she didn't realise it, she could not have been persuaded to stop," he said.
A large number of Ms Costello's family, her partner Stephen O'Keeffe and his family were in court to hear the verdict. Ms Costello hugged her brother Patrick and thanked her counsel Mr Paddy McCarthy SC.
