Courts / Dublin / Report

Rape accused unfit to stand trial, judge rules

Date
2019-12-10

Stage
Charge Or Pretrial

Primary locality
Dublin

County
Dublin

Summary

A 50‑year‑old Dublin man, whose name is withheld, was due to stand trial for three counts of rape and one count of sexual assault against his two nephews at a Dublin address in 2009. A Central Criminal Court judge, Ms Justice Tara Burns, ruled that the man is unfit to stand trial because he suffers from a mental disorder under the Mental Health Act. She noted that he cannot make a legal defence, understand evidence or instruct legal representation, and is unsuitable for treatment at the Central Mental Hospital. A consultant psychiatrist, Dr John Hillery, assessed him as having a mild to moderate mental disability, hearing impairment, inability to read or write, limited comprehension, and a very vulnerable, solitary lifestyle. Dr Hillery and another forensic psychiatrist, Dr Anthony Kearns, agreed that the man's intellectual disability and limited understanding of the charges made him unfit to plead. The proceedings were adjourned until further notice.