THE jury in a Dublin Circuit Criminal Court trial for attempted robbery has been discharged by Judge Joseph Mathews who earlier committed the accused man to the Central Mental Hospital.
Judge Mathews told the jury it would have been obvious to them that Mr Michael Caswell wash under severe stress during the hearing, which began on April 8th.
He said he felt it had become necessary to inquire into Mr Caswell's fitness to plead and on Tuesday a separate jury, as laid down by law, had been sworn in to try this issue alone.
That jury had heard expert evidence from a forensic psychiatrist, Dr Charles Smith, director of the Central Mental Hospital, that the accused man's stress had been generated by a paranoid type reaction. As a result, he could not fully understand the proceedings.
Judge Mathews said this jury reached a unanimous conclusion that Mr Caswell was indeed unfit to continue with his trial. He had directed that Mr Caswell should be committed to the Central Mental Hospital for treatment.
He would be detained there at the pleasure of the Government. That did not mean that the accused would become a forgotten person. His situation would be monitored in his and in the community's interest. A new trial date would be set for the case when Mr Caswell had been cured.
Mr Caswell (26), of Allenton Park, Tallaght, denies attempted robbery of cash from a Securicor officer, Mr Desmond Farrington, outside the Bank of Ireland, Deansgrange, on January 12th, 1994.
He also denies possession of a pump action sawn off shotgun and a 9 mm self loading pistol with intent to endanger life or to rob, and unlawful possession of the guns and ammunition at Pineview Riding School, Dublin, on the same date.
On Tuesday, Judge Mathews told the jury dealing with the fitness issue that in a criminal trial there had to be proof beyond reasonable doubt. But, on the fitness issue, the jury only had to make a decision based on the balance of probabilities.
Judge Mathews said the jury had the "unequivocal, uncontested evidence" of Dr Smith who he said was the most eminent authority in forensic psychiatry in the State. Dr Smith not only had a high reputation in his profession but also had prior clinical experience of Mr Caswell.
The jury must give weight to Dr Smith's evidence, but he was not directing it as to the verdict it should bring in, the judge added.