PHASED release was the only way to determine if dangerous residues remained in John Gallagher's personality, the clinical director of the Central Mental Hospital in Dundrum, told the High Court yesterday.
The three judges of the divisional court of the High Court called Dr Charles Smith as a witness to define and explain terms such as "mental illness" and "mental disorder".
Yesterday was the second day of the hearing of Mr Gallagher's challenge to his continued detention in Dundrum. It is claimed his continued detention is unlawful under the Constitution and cannot be justified.
Mr Gallagher, Lifford, Co Donegal, was found guilty but insane of the murder of his former girlfriend, Anne Gillespie, and her mother, Annie Gillespie, in the grounds of the Sligo General Hospital on September 18th, 1988.
In Mr Gallagher's case, nobody had determined the specific personality disorder he had but agreed that it involved immaturity, impulsiveness and egocentricity. His behaviour was troubled in his early years in hospital. Now he was more sensible, mature and considerate and could discuss his problems. The disorder had certainly reduced over time.
They had to test out how much the disorder interfered with his future. It now seemed to be under better control.
Dr Smith said there was no other way he knew other than a phased release to test for dangerous residues.
At first there could be a phased release, then maybe five days out of the hospital and two days back. There was no scientific way of testing it.
Mr Michael Carson SC, for the hospital, said they could not say unless there was a phased release whether the personality disorder was such to warrant his continuing detention.
The court was told that on May 6th, the Department of Justice had offered a temporary period of freedom to Mr Gallagher, accompanied by hospital staff, for one afternoon a month for six months.
Mr Donal O'Donnell SC, for Mr Gallagher, said such an offer was a disproportionate approach, unjustified by the medical evidence.
He also referred to an educational offer to Gallagher and asked on what basis would the acceptance of a course in business management be relevant to whether a person was suffering from a mental disorder warranting his detention.
On the opening day of the hearing on Wednesday, Dr Smith, in an affidavit, stated Gallagher was not mentally ill on the day in 1988 when he killed the two women but suffered from a serious personality disorder.
Mr Carson said it appeared to be accepted on all sides that it was solely a matter for the executive to decide on the detention. The sole attack was on the manner of his continued detention in Dundrum.
All reports said there should be a phased release. This did not involve an irreversible commitment to Gallagher's freedom. The hearing continues today.