AN application to make a man with a mental age of 12 years a ward of court is expected to be made to the High Court today. The man has been convicted of sexual assault.
The man had been brought before the Circuit Criminal Court. It is now claimed that the South Eastern Health Board gave an undertaking to accept responsibility for the man, to avoid him getting a custodial sentence. However, the health board said it could not arrange a placement for him.
Yesterday, Mr Justice Kelly in the High Court said that he would hear an application to have the man made a ward of court today.
The man was given leave on November 1st to seek an injunction and a direction that the health board should take responsibility for him, in accordance with representations and undertakings made by the health board to a Circuit Court sitting in June.
In an affidavit, the man's solicitor told the court that the man had, limited intelligence and a mental age of 12.
Last November he came before the Circuit Criminal Court on four counts contrary to Section 2 of the Criminal Law (Rape) Amendment Act 1980. He pleaded guilty to counts one and three and a nolle prosequi was entered on the other two counts.
In evidence a Garda sergeant said the man made six statements detailing sexual assaults he had made on others and a catalogue of sexual assaults carried out by identified individuals on the man.
The sergeant said that after an extensive Garda investigation he was satisfied as to the veracity of all the allegations the man made.
In a psychiatric report the man was diagnosed as suffering from a borderline mild mental handicap equivalent to the mental age of 12 personality problems and paedophilia preoccupation. He had been physically and sexually abused and had a deprived family background.
The solicitor said that after adjournments the case came before the Circuit Court again and the judge thought that given the man's tragic personal circumstances he was the health board's responsibility.
The State's counsel said it was thought custody would be inappropriate. The health board's counsel accepted responsibility for the man's care, given his degree of mental handicap, and as an immediate measure would accept his voluntary admission into a psychiatric hospital until sheltered accommodation could be provided.
The man undertook to voluntarily enter hospital and the judge adjourned the question of sentence.
The case came up before another circuit court a month later, when the health board's counsel said the man was in hospital but there were no hostel places.
At a hearing of the adjourned sentence last month the health board's counsel said the man had signed himself out of the hospital and had returned the next day. The board would not be responsible for the man as he did not come within the provisions of the Mental Treatment Act.
The solicitor said the judge concluded that he now had no alternative but to impose an 18 month sentence. He adjourned the issue of the warrant for a week until November 5th, in the hope that some alternative could be found.
The health board stated in an affidavit that it had sought a residential placement for the man with one of a number of voluntary groups. From the outset there were problems, due to his paedophilic tendencies which made him a threat to others.
To ensure the man was not a risk to himself and others secure accommodation, which he could be prevented from leaving, would be necessary. The board was not authorised to detain anyone on its premises save in accordance with the Mental Treatment Act and the man did not come within its provisions.