A MENTALLY ill man who has been in custody on remand on rape charges for the past 11 months and who brought court proceedings over failure to be moved to the Central Mental Hospital (CMH) so his fitness to stand trial can be assessed will be moved there within two weeks, the High Court heard yesterday.
CMH clinical director Dr Harry Kennedy told Mr Justice Iarfhlaith O'Neill that he had an undertaking that a place for the man will be among 10 new beds, five of which will be opened in two weeks.
In light of this, the judge adjourned the man's judicial review proceedings aimed at securing a place for him. He had brought the proceedings against the governor of Wheatfield Prison, the DPP, the Minister for Justice, Ireland and the Attorney General over their alleged failure to provide him with medical services required for preparation of his defence on rape and indecent assault charges. He is seeking declarations that his continued prosecution be prohibited until all necessary facilities are in place to allow for the preparation of his defence.
It was claimed in court on Tuesday that the man has failed to receive priority in his bid to be admitted to the CMH.
Dr Kennedy said he had been given an assurance on the new beds from a senior official before the case was due in the High Court yesterday. He said he was confident there would be a bed for the man as he was fourth on a waiting list of 27 others.
Michael O'Higgins SC, for the man, said that, in view of this, he was applying to have the matter adjourned for two weeks.
The court had earlier heard that the man, while on remand in Wheatfield Prison, was examined by a CMH consultant psychiatrist who expressed a view that, because he was mentally ill, he might not be fit to stand trial.
A book of evidence was served on him last February and he has been returned for trial at the Central Criminal Court.