Courts / Dublin / Report
Mentally ill murder accused should be released if CMH can't take him, lawyers argue
Summary
Sean Murphy, 26, is awaiting trial for the murder of Michael Olohan, 35, at Bradog Court hostel. His lawyers argue he should be released until he can receive treatment at the Central Mental Hospital (CMH) because he is mentally ill and refuses antipsychotic medication. Dr Conor O'Neill says the only suitable place for his treatment is CMH, but a shortage of beds has left him in Cloverhill Prison. The High Court previously rejected an application for release. Counsel for Murphy claims his detention breaches Article 40 of the Constitution, which protects personal liberty. The Court of Appeal will decide whether the state can keep him in custody without providing the required treatment. The case is scheduled for judgment on 1 April 2024.
Who, what, where, when and why
What: Report matter: Mentally ill murder accused should be released if CMH can't take him, lawyers argue. Procedural stage: appeal
When:
- August 13, 2020 Hearing Or Sentence
- Thursday April 1 Hearing Or Sentence
- 2021-03-26 Publication
Case subjects
Accused
Outcome: Michael O'Higgins SC, for Mr Murphy, said today that his client's detention is a breach of his rights under Article 40 of the Constitution. Anne-Marie Lawlor SC, for the governor of Cloverhill Prison, said that Justice Niamh Hyland had considered whether Mr Murphy's detention was an "egregious" breach of his rights and decided that he is better off in prison than in the community.
Places mentioned
- Central Mental Hospital
- Cloverhill Prison
- Court of Appeal
- High Court
- St Lawrence Road
Topics
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