Murder accused plans legal challenge over psychiatric report fees

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

A murder accused was bringing a legal challenge over a cap on the fees the State would approve for a defence psychiatric report. The proceedings were reported on 5 February 2024.

Senior counsel Brendan Grehan told Mr Justice Paul McDermott that his client had a fairly extensive psychiatric history and faced a fundamental unfairness because of the Department of Justice’s policy. Mr Grehan said the policy was creating a major problem in obtaining defence psychiatric reports.

Mr Justice McDermott said the defence could bring an emergency application before him to seek judicial review of the Department’s position. The judge had invited the Department to send a representative to the Central Criminal Court to explain the policy, but said the invitation had not been taken up.

Mr Grehan said the psychiatrist in his client’s case had estimated that the report would take 25 hours at €120 an hour and was not prepared to become involved otherwise. The Department initially approved only 15 hours and then increased that to 20, counsel said. He hoped it would pay the additional €600.

Counsel said the DPP sanctioned €184 an hour for reports, almost 50 per cent more than the defence rate. Mr Justice McDermott described how the decisions had been reached as a mystery and said an emergency application would receive efficient and speedy treatment.

This case may have concluded differently. The outcome has not yet been confirmed by a public source we could find.