The Central Criminal Court has directed that the trial of T.O.N. proceed, ruling that he is fit to be tried after a renewed defence challenge.
Mr Justice Robert Eagar said the court was not acting as an appeal court from an earlier ruling by Mr Justice Sheehan, who found T.O.N. fit to be tried in July 2014. The court considered whether any relevant issues had arisen since that decision. It said the renewed hearing followed a defence letter seeking to withdraw an appeal to the Court of Appeal and raise fitness again on the trial date; it was not prompted by a newly discovered medical fact or adverse development.
T.O.N. faces 73 charges relating to alleged sexual offending against four sisters in Wexford between 2001 and 2006. The judgment records 18 rape charges and 56 sexual assault charges. The sisters were aged between four and ten when the alleged offending began. The charges remain allegations; the judgment concerns fitness to be tried, not guilt or innocence.
The defence relied on evidence from consultant psychiatrist Dr Peter Leonard. He considered that T.O.N. had difficulty grasping the significance of the evidence against him and using it rationally when considering a plea. He also described difficulties in discussing the charges and aspects of court proceedings.
The prosecution relied on Dr Damien Mohan’s assessment and the period during which he and his clinical team had observed T.O.N. Dr Mohan concluded that T.O.N. understood the charges and the difference between guilty and not guilty pleas, could instruct his legal representative and make a proper defence with the legal team’s assistance, could challenge a juror, and could understand the evidence. He considered T.O.N.’s presentation consistent with intentionally exaggerating symptoms to avoid prosecution. That was Dr Mohan’s opinion, which the court accepted.
The judge noted that Dr Mohan and his team, including social worker Marian Timmons, had observed T.O.N. for an extended period at the Central Mental Hospital. The court concluded that the earlier fitness decision was correct and directed the trial to proceed on its allocated date. It did not determine the charges or make a finding of guilt.