THE clinical director of the Central Mental Hospital told the High Court yesterday he accepted that John Gallagher's mental disorder gave rise to a risk of dangerousness in the future.
Dr Charles Smith was giving evidence on the third day of the hearing before a three judge Divisional Court of Gallagher's challenge to his continued detention in the Central Mental Hospital, Dundrum. It is claimed his continued detention is unlawful under the Constitution and cannot be justified.
Gallagher, of Lifford, Co Donegal, was found guilty but insane of the murder of his former girlfriend, Ms Anne Gillespie, and her mother, Mrs Annie Gillespie, in the grounds of Sligo General Hospital on September 18th, 1988.
Yesterday Mr John Rogers SC, for the State, cross examining, asked Dr Smith if he had ever accepted that Gallagher was mentally ill. Dr Smith replied that he had not. He did accept that he had a mental disorder.
Mr Rogers asked if he accepted that the mental disorder had a part to play in the violence at Sligo General Hospital. Dr Smith replied "Yes."
Counsel asked if that mental disorder was part of the dangerousness which occurred on that occasion. Dr Smith said "Yes."
Asked if he accepted that the mental disorder gave rise to a risk of dangerousness in the future, Dr Smith replied "I do." He also accepted that Gallagher had an abnormality.
Dr Smith said a secure hospital was a very stressful environment, and Gallagher had passed the tests, fitted into the routine and worked hard. He had come a long way from the man that had been admitted. They could not test him any further within the institution.
Earlier, answering Mr Michael Carson SC, for the hospital, Dr Smith said phased releases were a series of tests to get adjusted to a different life. There was nothing scientific about them.
In Gallagher's case, one Just played very safe. If the programme was satisfactory, they moved to the next stage. Each phase was sanctioned by the Minister for Justice. They would also report back to her after each, outing.
The proposal by the Minister to allow Gallagher out for one afternoon per month for six months accompanied by a staff member was a bit slow by usual standards, Mr Smith said.
Mr Justice Kelly asked if his advice was sought about the programme. Dr Smith said it was not. The judge asked if it was presented to him as a fail accompii, and Dr Smith said it was.
Cross examined by Mr Donal O'Donnell SC, for Gallagher, Dr Smith said as far as he could Gallagher was pretty normal at the moment, normal within an institution. He had responded to all the tests there.
In his submission, Mr Rogers said that dangerousness and safety were the key issues. The Executive must have regard as to whether it was safe to release him.
"The outings are not a phased release, they are a testing process, a programme of periods of freedom outside the confines of the hospital." That testing process would lead to a review and that review must be preceded by a clinical assessment. The review was whether to release him or not and to see what was appropriate.
He said that behind the case was an application by Gallagher for some class of declaration, looking for an indication that he was entitled to release. That was not for this court.
Gallagher was using Article 40, claiming unlawful detention, to seek some indication to know if a decision had been made for his release.
Dr Smith participated fully before the advisory committee to the Minister and put before it what his medical opinions were. It was the Minister who made the decision about the outings, not her civil servants. The outings were monitored, first of all by Dr Smith.
The hearing resumes on Tuesday when it is expected it will conclude and judgment will be reserved.