The Central Criminal Court has heard a Cork woman was depressed and suicidal when she killed her son (8). Diane Ward (44) smothered her son Anthony with a pillow at their home at Harrison's Place in Charleville on September 3rd 2012.
She was admitted to the Central Mental Hospital three days later and remains in their care.
She was charged with murder but her manslaughter plea was accepted by the Director of Public Prosecutions (DPP) three weeks ago on the basis of diminished responsibility due to a mental disorder.
The court heard Diane Ward lived alone with her only son. She killed him in bed in the early hours of the morning because she 'felt strongly' there would be nobody to take care of Anthony if she took her own life. She left a note asking for them to be buried together.
However she survived a suicide attempt and gardai were alerted to what happened at 9:30am the following morning by her brother who lived next door to her.
It was Monday September 3rd - and should have been the first day of a new school year for Anthony, whose uniform and school lunchbox had been laid out by his mother the previous evening.
The case was described in court as a 'tragedy'. In a victim impact statement Anthony's father Mark Ryan, wrote that his 'loss has been traumatic' but he added that he has 'no grievance with Diane'.
He called what happened a 'mistake' by a 'good person'.
'Distraught & distressed'
Consultant psychiatrist Dr Helen O'Neill from the Central Mental Hospital has given evidence that Diane Ward has a recurrent depressive disorder which dates back to 1992. She agreed with prosecution counsel Timothy O'Leary SC that in 1992 her condition was so severe she required Electroconvulsive Therapy (ECT).
Dr. O'Neill said the 44-year-old was 'distraught and distressed' on her admission to the CMH in 2012.
She gave evidence Diane Ward's mood improved in a clinical sense in the months that followed but that this was 'overshadowed by the increasing reality of her situation' that her only child was dead.
'She is at the very early stages of engaging in the grief process' Dr. O'Neill said. 'It's going to be very complicated. He was her only child, just 8, the centre of her world, she'd invested everything in him and for him' she told the court.
The psychiatrist said at this time Diane Ward no longer meets the criteria for a mental disorder as defined in the Mental Health Act 2001.
However she would still have grave concerns if the she found herself back in the community without prior therapeutic work and other assistance.
Mr. Justice Barry White has indicated he is considering a non-custodial sentence but he has put the case back until July 7th for an update on what services can be put in place for her.
He said it would be 'highly inappropriate' for her to be released into society without any back up'.
