Defence lawyer claimed killer showed ‘excess self-defence’ when she stabbed stroke victim

The defence barrister for Margaret Henderson-McCarroll claimed she acted out of an “excess of self-defence” when she fatally attacked a pensioner who had recently had a stroke, before going on to repeatedly bind him and gag him.
Maggie Henderson-McCarrollMaggie Henderson-McCarroll
Maggie Henderson-McCarroll

A detailed examination of a pre-sentence hearing in the case shows a handful of details about victim Eddie Girvan’s wellbeing in the run-up to his death which were not widely reported at the time.

Today marks three years since he was killed in Greenisland, east Antrim.

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The killer was jailed for three years after admitting manslaughter (the murder charge was dropped).

Here the News Letter revisits the case, with some extra details not previously aired.

A medical report read out by Mr Justice Treacy at the pre-sentence hearing recounts that in May 2015 the victim Mr Girvan “was admitted to hospital suffering a mini stroke and lost the sight of his right eye”.

He also “had a history of diabetes, alcohol excess, and depression” the court heard, and had had visits from a social worker.

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Defence lawyer John McCrudden QC, told the court Henderson-McCarroll (who lost one of her children to cot death, worsening her drug use) said she had been attacked by a “stick sword” after being “dealt with in a patronising, dismissive, contemptuous fashion” in a row about money at Mr Girvan’s house.

The judge interjected: “Well, that’s what she says.”

The defence lawyer said they had an argument, and Mr Girvan “patronisingly told her to sit down”.

The judge intervened to say: “The only two people there [are] the deceased – who obviously can’t speak for himself – and there’s your client.”

Turning to pictures of the scene, the judge continued: “And let’s remind ourselves of the photographic evidence of the case...”

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The defence lawyer responded: “I’ve never seen a murder scene that isn’t gruesome my Lord,” before correcting himself: “Or sorry – killing scene.”

Justice Treacy said: “In any of the cases I’ve dealt with I’ve never seen a scene like this.

“It’s the only case that I personally have dealt with in which somebody has been gagged by the mouth, by the hands, and also by the feet…

“There are a number of ties, I think it’s three ties were used to bind his hands… This is after he’d been stabbed.”

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He quoted from a pathologist’s report saying the gag “pushed the tongue back and completely occluded the back of his mouth and upper airways”.

It was not clear if this or one of the two knife wounds (the biggest one being a four-inch deep wound to the chest, puncturing his lung) killed Mr Girvan.

The judge pointed out Henderson-McCarroll had failed to call help.

Mr McCrudden said when she had left the house “she’s in a very vulnerable state” and panicked.

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Mr Girvan was still shouting when she left, and she “did not realise how badly he was injured”.

Mr McCrudden said “perhaps there was an excess of self-defence” when she had “retaliated” against Mr Girvan.

She had been arrested in south Belfast in Belfast on an unrelated matter on the morning of January 18, before police began to piece together what had happened and later forced their way into Mr Girvan’s house.

Mr McCrudden also said Henderson-McCarroll managed to inject herself with heroin even after she was taken into custody.

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Henderson-McCarroll’s criminal history included “offences of serious violence” accompanying robberies, said the judge.

She had 100 previous convictions, including having bitten, punched and headbutted some victims, who included children, elderly men, and young women.

A mother, she lost one of her children in 2012, with reportes describing it as having been “cot death” (the cause of death of the child, Lily Rose Antoinette Rea, is officially recorded as “unascertained”).

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