The High Court has ordered an inquiry into the lawfulness of the continuing detention in the Central Mental Hospital of a man who, more than six weeks ago, was assessed under new mental health legislation as fit to plead to certain charges against him.
Ciara McCann, his solicitor, said in an affidavit that the 33- year-old man was in unlawful detention arising from the failure of various State agencies to fulfil their duties under the scheme of the Criminal Law (Insanity) Act 2006.
The inquiry into the lawfulness of the detention was sought yesterday by Mary Ellen Ring SC.
After hearing submissions, Mr Justice Iarfhlaith O'Neill directed that such an inquiry, under Article 40 of the Constitution, take place on Monday.
The man has been in custody in various places since September 11th last when he appeared before the District Court on three charges alleging assault, damage to property (punching a mirror) and breach of the peace, all alleged to have occurred that day at a shop at George's Arcade, Dublin. He was remanded in custody that day to Cloverhill Prison.
After a District Court judge heard psychiatric and other evidence in relation to the man on September 21st, the judge made an order under the Criminal Law (Insanity) Act 2006 directing that he be brought to the Central Mental Hospital in Dundrum to be assessed as to whether he was suffering from a mental disorder.
However, there was no bed available in Dundrum at that time. After the man brought judicial review proceedings to the High Court, he was given a bed in a Waterford hospital.
As a result of his mental health condition at that time, he was brought to the Central Mental Hospital on October 2nd and has remained there since.
On December 12th, the man was assessed as fit to plead and reports to that effect were forwarded to the clerk of Cloverhill District Court, Ms McCann continued.
However, since then, despite letters sent by solicitors on the man's behalf in relation to having his case brought back before the District Court, the case had not yet been re-entered, Ms McCann said.
Letters had also been sent on his behalf to the Medical Director of the Central Mental Hospital and to solicitors for the Health Service Executive.
It was in these circumstances that the man had instructed his release be sought, Ms McCann said. Her client, she added, was being unlawfully detained as a result of the inaction of the various State agencies and owing to the failure of the State agencies to act in accordance with their constitutional and statutory duties, in accordance with the scheme of the Criminal Law (Insanity) Act 2006.
