THE SOUTHERN Health Board was accused yesterday of "walking away" from its responsibilities to a mildly mentally handicapped youth who raped an eight year old girl in 1993.
Mrs Justice McGuinness directed the board's chief executive to appear before her on May 29th to explain the treatment it can provide for the youth, who is from Cork.
The British health trust which runs Chase Farm Hospital near London was no longer willing to continue treatment of the 17 year old there, the Central Criminal Court was told.
Consultant psychiatrist Dr James Eva, of Chase Farm, said the defendant refused medication. The doctor said he was in a "weak position" as the youth had not broken any laws in Britain. Therefore he could not use his Home Office powers to "section" him or compel him to obey instructions.
Dr Eva could not say if the youth was "dangerous" but added he had no doubt his career would be over if he reoffended under his care.
Mrs Justice McGuinness asked Mr Tom O'Connell prosecuting, what recommendations the State had and whether it simply wanted the defendant jailed.
Mr O'Connell said it was not for the prosecution to look for a particular sentence. But he added: "I think the Southern Health Board should be asked to face up to its responsibilities and shouldn't be allowed to walk away from it."
The judge agreed and adjourned the case with the defendant on continuing bail.
Previously, the youth's sister said he had a learning disability and poor social skills. The offence came to light in November 1993 but nothing was done for him until August 1996 when she brought him to live with her in England. She arranged for treatment at the Chase Farm Hospital in Enfield, Middlesex, with monitoring by the social services.
In December, Mrs Justice McGuinness adjourned the case for a year on strict bail conditions to allow the treatment to continue. If she imposed a custodial sentence the youth would be sent to the Central Mental Hospital in Dundrum and this was undesirable, she said.
The case was re entered by the prosecution because the youth ceased to live with his sister and had failed lb comply with other conditions.
A GP had referred the youth to Dr Eva but he was told nothing of the rape or the criminal proceedings. When he discovered this he took immediate steps to provide a report which slated his treatment could be continued with the court's approval.
He had seen the defendant three times since December, his registrar had seen him once and a colleague had also seen him three times.
Dr Eva said he could not recall putting so much work into an individual's case during his entire career.
He told Mr Barry White SC, defending, that when the defendant returned to England after the last court hearing he seemed to have changed.
In February, his sister reported he was drinking up to 10 cans of lager a day and refused to cut down. He was aggressive and later moved out of her home.
Dr Eva said the defendant had been having trouble sleeping so he prescribed medication five times weaker than the normal dosage because people with learning disabilities often reacted badly to standard doses. But the defendant was hospitalised for a night and now refused to take all medication.
Dr Eva said while he was not concerned with whether the defendant was right or wrong, his refusal hampered future treatment.
"If one takes away the tools of my trade then it renders me powerless. I am like the emperor with no clothes," he said.