A MAN who has been in custody since last August, while awaiting a medical report that would determine his fitness to plead, was released after his case was finally heard at a recent sitting of Skibbereen District Court.
Flor Murphy, solicitor for the accused, who cannot be named because the majority of the charges against him relate to domestic incidents, pointed out that the case had been part-heard and adjourned by no fewer than six judges over that time period.
Judge William Aylmer, a judge doing stand-in in court district number 18, said the courts are not in a position to use ‘a remand in custody’ for any offence as a way of protecting a member of society.
‘There are health acts that entitle the State to intervene and take people into custody and that course of action is also available,’ said the judge.
Judge Aylmer noted that the accused had already indicated to the court that he wished to enter a guilty plea to all charges.
One of the charges, according to the court presenter, Sgt Tom Mulcahy, related to the accused appearing in a state of undress in a doorway and holding a power tool.
This charge was listed as a charge of criminal damage and the sergeant said the DPP had consented to it being heard in the district court.
The other charges related to the accused being in breach of court orders; handing in a note threatening to burn a house down; sending messages; and attending a house in contravention of a barring order.
In response to the man’s guilty plea, Judge Aylmer noted that the accused has no previous convictions and he sentenced him to six-months imprisonment for criminal damage and six-months concurrent for breach of the barring order, but that equated to time already spent in custody. All other matters were taken into consideration.
At one of the previous courts, a different district court judge requested the attendance of the governor of Cork prison to explain what was the delay in securing a psychiatrist’s report on the man’s fitness to plead.
Some submissions were made that the accused might be suffering from dementia and an appointment with a geriatrician was sought.
The last time the case was called, Flor Murphy said his client had indeed seen a geriatrician but the latest stumbling block was that Cork Prison wouldn’t facilitate him getting an MRI unless the staff wages were paid for by the man’s family.
Judge Aylmer declined to adjourn the case one more time saying: ‘If he is fit to plead, he is fit to have the case dealt with.’
The judge noted that the accused had been kept in custody – without recourse to bail – for seven months.
Judge Aylmer said he understood that there were concerns in the case, namely that his estranged wife feared ‘her life would be at risk.’
The judge said the gardaí would respond promptly if contacted by the injured party. He also advised the woman to change the locks at her property, to use security cameras, and other security measures.
