Man not guilty of assaulting judge by reason of insanity

A severely autistic Co Dublin man has been found not guilty by reason of insanity of assaulting a judge after a court hearing.

Seán Winters (34), with an address on Grange Road, Baldoyle, had pleaded not guilty to assaulting Judge Miriam Walsh causing her harm at a court in Dublin on December 11th, 2015.

Giving evidence during the two day trial, Dr Anthony Kearns told the court that in his opinion Mr Winters was unable to refrain from the assault because of his mental disorder.

Dr Kearns, a consultant forensic psychiatrist, said Mr Winters would have “found the formality of court proceedings extremely stressful”.

Consultant forensic psychiatrist Dr Ronan Mullaney told Paul Carroll SC, defending, that Mr Winters was “emotionally dysregulated” at the time and “triggered into an act of unpremeditated and serious physical aggression”.

Dr Mullaney said it was his opinion that a special verdict of not guilty by reason of insanity should be entered.

The jury of nine men and three women returned this verdict unanimously at Dublin Circuit Criminal Court.

‘Rained punches’

Judge Walsh told Maurice Coffey BL, prosecuting, that Mr Winters approached Judge Walsh’s bench after a court hearing and “rained punches” on her back, shoulder, chest and stomach.

She said the accused “continued kicking relentlessly” as the judge was in a foetal position on the floor.

The judge told the court she was in a complete state of shock after Mr Winters was pulled off her. She said she went to hospital and was afraid her ribs had been broken as she could hardly breathe.

X-ray results showed no bones were broken and Judge Walsh was sent home with painkilling medication.

Dr Kearns told Mr Coffey that Mr Winters had a deficiency in social understanding and poor understanding of other people’s viewpoints because of his Autism Spectrum Disorder.

He said Mr Winters, though fit to stand trial, was unable to refrain from carrying out the assault at the time.

Dr Mullaney told the court he agreed with Dr Kearns that Mr Winters needed specialist support for his own quality of life and his and others’ safety.

He said that while Mr Winters was intelligent, he was unable to manage independent living.

Judge Cormac Quinn made an order committing Mr Winters to the Central Mental Hospital in Dundrum, Dublin until next Monday, pending an updated psychiatric report.