Appeal court overturns Robert Harrison fitness ruling

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

On 7 July 2016, the Court of Appeal overturned a finding that Robert Harrison was unfit for trial on charges concerning dangerous driving causing death and serious injury.

Robert Harrison, aged 25 and from Shantonagh in Monaghan, faced charges arising from a crash on 11 November 2009 at Drung, Cootehill, Co Cavan. They concerned dangerous driving causing the death of passenger Nicola Roberts, 19, and serious bodily harm to another passenger.

The appeal court heard that a separate road incident in January 2009 had left Robert Harrison with a severe head injury. He subsequently spent two months in a coma.

Judge Pauline Codd found Robert Harrison unfit for trial at Cavan Circuit Criminal Court on 14 July 2014, after an application made on his behalf. The Director of Public Prosecutions challenged that decision.

Representing the DPP, Michael Bowman SC submitted that Robert Harrison could live independently, had a girlfriend and had begun an agricultural college course after the earlier incident. He also cited normal ability across many mental functions and reasonable skills in solving problems.

Mr Justice John Edwards delivered judgment alongside Mr Justice George Birmingham and Mr Justice Garrett Sheehan. He identified an error of principle: Judge Pauline Codd had indicated that she accepted an approved Central Mental Hospital medical officer's assessment of Robert Harrison as fit for trial. He said the decision had confused fitness with the separate question of whether a fair trial was possible, reaching a premature conclusion on the latter.

The appeal court left that fair-trial question open. Mr Justice John Edwards said possible assistance for a defendant with mental difficulties could be explored. Proceedings could advance towards trial for now, but the trial judge would have to assess whether they could properly continue and revisit that assessment throughout.

Robert Harrison remained on bail pending the next scheduled Cavan Circuit Criminal Court sitting, which was expected on 22 November.