A man with a schizophrenic disorder, who has been detained in the Central Mental Hospital for almost three years after being found guilty but insane on an assault charge, has brought a High Court challenge to the constitutionality of social welfare laws under which he has been refused disability benefit.
The court was told yesterday that the man was refused disability benefit by the Department of Social Welfare on grounds that he is being detained "in legal custody" under the Social Welfare Consolidation Act, 2005.
However, it is claimed that the man is actually detained on foot of a jury verdict of July 2003 that he was guilty but insane of offences of assault and false imprisonment. Such a verdict, it is argued, has been found by the Supreme Court to be "a verdict of acquittal".
It is argued that the man is in involuntary civil detention in the Central Mental Hospital and the refusal of disability benefit amounts to unlawful and invidious discrimination against him. It is also argued that the relevant provision of the Social Welfare Consolidation Act - section 249.6 - is unconstitutional.
In an affidavit, the man's solicitor, Áine Flynn, said she had been advised that other patients in Dundrum who had not been found guilty but insane or unfit to plead were entitled to social welfare allowances, including disability allowances.
Mr Justice Michael Peart granted leave for judicial review proceedings for a number of declarations, including that the man is not in lawful custody within the meaning of section 249.6. The man also seeks an order directing the Department of Social Welfare to pay him a disability allowance.