The High Court will rule today on an application by a teacher for leave to sue two doctors, three gardai and his wife over his alleged wrongful detention in a Dublin psychiatric hospital 12 years ago.
Mr Louis Blehein (60), St Brigid's Avenue, Portumna, Co Galway, who was detained for 10 weeks at St John of God's hospital in Stillorgan, Dublin, in 1987, is seeking leave to take an action for damages for alleged fraud, libel, slander, defamation, unlawful arrest and imprisonment and breach of constitutional rights.
The proposed proceedings are against: Dr Sean G. Murphy, St Brendan's Road, Portumna; Dr Fionnuala Kennedy (now retired), St Joseph's Road, Portumna; Mrs Patricia Blehein, St Brigid's Avenue, Portumna; Det Garda Richard Quinlivan and Garda Thomas O'Connor, Portumna; and Garda Desmond Nolan, Killimor, Ballinasloe.
Mr Blehein claims he was taken to St John of God's after being arrested by gardai at his home on January 29th, 1987. He claims neither of the two doctor defendants who were present at the time had examined him, contrary to the terms of the Mental Health Act.
Yesterday Mr Mel Christle, for both doctors, said there was a direct conflict between Mr Blehein and the two doctors over what had occurred in his home on the day in question.
Dr Murphy, in an affidavit, had stated that an examination of Mr Blehein was carried out by Dr Kennedy while Dr Kennedy herself did not remember such an examination.
In the particular circumstances of the case, observation by Dr Murphy could amount to examination since he was the Blehein family doctor.
Ms Deirdre Browne, for Mrs Blehein, said that when making a reception application for admission of her husband to St John of God's, all that was required was that it be accompanied by a signed medical certificate. There was no obligation on her to look behind the validity of such a certificate or to assess its adequacy.
Mr Blehein, in a replying submission, said there was no question but that he was under Garda restraint in his home. It was while he was under such restraint that the two doctors saw him briefly.