Man accused of raping daughter found unfit to stand trial

A Co Meath man who was accused of raping and sexually assaulting his two daughters has been found unfit to be tried for the offences because he is suffering from dementia.

The 87-year-old man had been charged with the rape and indecent assault of one daughter on a date between January 1st, 1974, and September 9th, 1975.

He had also been charged with the indecent assault of a second daughter on a date between September 1st, 1973, and September 1st, 1975.

On Wednesday, having previously heard expert medical evidence, Ms Justice Margaret Heneghan determined at the Central Criminal Court that the man was unfit to be tried under Section 4 (5b) of The Mental Health Act.

Dominic McGinn SC, prosecuting, told Ms Justice Heneghan that because the medical evidence supported a dementia diagnosis, the man cannot be remanded to the Central Mental Hospital under the provisions of the Act.

‘Anxious’

Ms Justice Heneghan said the alleged offences were very serious and she was “anxious” that a more concrete plan be put in place for the future care of the man and protection of society.

Ms Justice Heneghan adjourned the case to July 25th next to monitor the man’s progress and made a recommendation that he be admitted to a unit at St Loman’s Hospital in Co Westmeath and remain there for “as long a period as is deemed necessary”.