A HIGH Court jury has decided that a Dublin man is not of "unsound mind" despite the opinion of two court-appointed psychiatrists to the contrary.
In the first ever hearing of a ward of court action to be heard in public, Mr Declan Heavey (36), of Park Avenue, Sandymount, had challenged psychiatric evidence that he was not capable of managing his person and his property, and should be made a ward of court.
Earlier the court, presided over by Mr Justice Geoghegan, had heard that Mr Heavey, who represented himself, had applied for the in-camera rule to be lifted. He had also asked that the inquiry into his soundness of mind be made before a jury.
At the opening of the case the jury heard that it arose out of a dispute over Mr Heavey's father's will. Mr Heavey had taken legal action on the basis that his father had not made adequate provision for him. In the course of this action Mr John Cunningham, Mr Heavey's solicitor, questioned whether Mr Heavey was capable of making a decision about the matter, and approached the Ward of Court Office.
In his summing up yesterday Mr Brian Spieran, barrister, explained to the jury that he and Mr Cunningham had been given "carriage" of the case by the President of the High Court to bring it to a speedy conclusion.
"These proceedings are being brought in Mr Heavey's interests," he said.
"Consider the persons who gave evidence: Dr Halpenny, a humane and sensitive man. He told you the positive aspects (of Mr Heavey). But he was fearful that if he obtained a large sum of money he would be prone to get involved in grandiose schemes.
Dr. O'Sullivan is very humane and sensitive. He also came to the conclusion the Mr Heavey is of unsound mind in the sense that he is incapable of managing his person and property at this time.
"The evidence of Mr Cunningham is that he was only acting in Mr Heavey's interests at all times. He said Mr Heavey was consumed with the case. When it is over he would feel a void in his life.
All the evidence points to one conclusion at the time of this inquiry Mr Heavey is not capable of managing his person and his property.
"If he is made a ward of court the President of the High Court will have control over Mr Heavey's affairs. The President of the High Court is a humane man. It is not a question of exercising this in a dictatorial way.
In his summing up Mr Heavey, whose wife is Spanish, said the case was not about money. "Neither my wife nor I will live in Spain accountable to someone here in Ireland. When I return to Spain I would hope to do so totally free of ties. I refuse to accept to be on somebody's coat-tails.
"Dr Halpenny has said a man of unsound mind cannot maintain coherence. Have I been coherent? You have been told my `hypomania' could become more acute. That's speculation. You could walk down O'Connell Street and decide how many people you could make wards of court on that basis."
"This is an unusual case, an unusual set of facts, an unusual person. It is a case where a jury is particularly appropriate," Mr Justice Geoghegan said.
He said it was perfectly possible to have someone like Mr Heavey receiving a weekly wage and living a life without supervision of the High Court or Wards of Court Office. "You have to put the person in context. There is a potentiality of much more than a weekly wage. A large property is in the air."
Referring to Mr Heavey's wife, Lola, he said: "She's obviously a very charming and intelligent lady, a very attractive lady. But you may feel she is captivated by him and thinks the same way as he does. The concept of folie a deux is thrown out as a possibility. Is she going to put it right if he got impetuous?"
After deliberating for 1 1/4 hours the jury decided, by a majority of nine to three, that Mr Heavey was not of unsound mind.