Courts / Ireland / Report

Father accused of sexually abusing two daughters is found unfit to be tried

Date
2016-04-20
Stage
Sentence

Summary

An 87‑year‑old Meath man, charged with raping and indecent assault of his daughters between 1973 and 1975, was found unfit to be tried because he suffers from dementia. Justice Margaret Heneghan, after hearing medical evidence, applied Section 4 5b of the Mental Health Act, ruling that the man could not be remanded to the Central Mental Hospital as there is no treatment likely to improve his condition. He is automatically released from remand in Cloverhill and no longer faces bail or custody. The judge adjourned the case to 25 July to monitor his progress and recommended admission to Dr Michael O Cuill's unit for as long as necessary, with future transfer to a nursing home if appropriate. The court noted that the man will remain under Garda supervision until transport to the unit is arranged.

Who, what, where, when and why

What: Report matter: Father accused of sexually abusing two daughters is found unfit to be tried. Charges or matters: rape and indecent assault of one daughter on a date between January 1, 1974 and September 9, 1975. Procedural stage: sentence

When:

Why: A Meath man who was accused of raping and sexually assaulting his daughters has been found unfit to be tried because he is suffering with dementia. CNI source report

Case subjects

Unnamed 87-year-old

Accused

Charges: rape and indecent assault of one daughter on a date between January 1, 1974 and September 9, 1975 (Alleged Or Contested)

Outcome: Counsel said the purpose of sending an accused to the CMH was specifically for treatment and "not for detention or for the protection of society".; Dominic McGinn SC, prosecuting, told Ms Justice Heneghan at the Central Criminal Court that because the medical evidence supported a dementia diagnosis, a condition which cannot improve, the man cannot be remanded to the Central Mental Hospital.

Places mentioned

Court Venue
  • Central Criminal Court
Facility
  • Central Mental Hospital
  • St Loman's Hospital

Topics

Sexual Offences Stage Sentence Violent Crime

Read the original CNI report

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