UPDATE: Man with schizophrenia has no capacity to advise his own legal team, Kildare court told

A Naas District Court defendant with schizophrenia is so mentally unwell at present that he does have capacity to advice his legal team.

Earlier this month, Judge Desmond Zaidan was told that the man is a serious risk to both himself and others.

However, there was no bed at the Central Mental Health Hospital (CMMH) available for him.

The man stands accused of attacking and injuring his mother with a knife.

On the latest court date (Thursday, November 20 last), defending barrister Mark Gibbons, who was acting on behalf of solicitor Cairbre Finan, told the judge that there is still no bed available at the CMMH for the accused.

The man appeared via video-link as he is currently remanded in custody — specifically, he is currently being detained in the medical wing of the prison he is in.

Mr Gibbons directed Judge Zaidan's attention to one part of a psychiatric report which was provided in relation to his client.

The section said that the man has no mental capacity to instruct his legal team.

Judge Desmond Zaidan. File pic.

A garda told the judge that a copy of the psychiatric report has since been sent to the Director of Public Prosecutions (DPP).

Judge Zaidan asked for a prison garda to appear, and when the garda made themselves available via video-link beside the accused, the judge told the garda about the man's current lack of mental capacity.

"It doesn't get more serious than that," the judge added.

Judge Zaidan also pointed out that the court was told last week that the defendant was refusing to take any prescribed medication to alleviate his condition.

When he asked if the man was still refusing medication, the prison garda said that they did not have this information at hand.

The judge also told the garda: "If I strike this case out, he will be released, and if something goes wrong, it will be at the door of the State.

"The doctor (who assessed the accused and wrote the psychiatric report) has made it clear that there is no bed for him, but if, for the next date, State hasn't given me directions, or at least hasn't given me a good reason why DPP directions haven't been given, I will strike-out the case without prejudice."

He added: "It's not up to me to fill in gaps for the State."

MENTAL HEALTH ACT, 2001

The judge further said that the doctor recommended for gardaí to make an application under Section 12 of the Mental Health Act, 2001.

This provision of the Act states: 

12.—(1) Where a member of the Garda Síochána has reasonable grounds for believing that a person is suffering from a mental disorder and that because of the mental disorder there is a serious likelihood of the person causing immediate and serious harm to himself or herself or to other persons, the member may either alone or with any other members of the Garda Síochána—

(a) take the person into custody, and (b) enter if need be by force any dwelling or other premises or any place if he or she has reasonable grounds for believing that the person is to be found there.

(2) Where a member of the Garda Síochána takes a person into custody under subsection (1), he or she or any other member of the Garda Síochána shall make an application forthwith in a form specified by the Commission to a registered medical practitioner for a recommendation.

(3) The provisions of sections 10 and 11 shall apply to an application under this section as they apply to an application under section 9 with any necessary modifications.

(4) If an application under this section is refused by the registered medical practitioner pursuant to the provisions of section 10 , the person the subject of the application shall be released from custody immediately.

(5) Where, following an application under this section, a recommendation is made in relation to a person, a member of the Garda Síochána shall remove the person to the approved centre specified in the recommendation.

'THINK ABOUT TAKING HELP'

Judge Zaidan then spoke directly to the defendant, and urged him to take up treatment.

"Just think about taking help. There are lots of people with schizophrenia who have their condition managed, and are able to live independent lives," he said.

"I understand," the defendant replied.

The judge adjourned the case to November 23, to allow time for directions from the DPP.

He remanded the man in custody until this date, and also made a video-link order.

Judge Zaidan also said to Mr Gibbons that he would recommend for him and Mr Finan to liase with the governor of the prison the man is being kept in, as well as the doctor who wrote the report.

If you have been affected by any of the issues raised in this article, you can contact Samaritans Ireland (116123 or jo@samaritans.org) or you can visit pieta.ie (24/7 Free Crisis Helpline: 1800 247 247 or Text HELP to 51444).

For further information about schizophrenia, including how to treat the condition, please visit https://www2.hse.ie/conditions/schizophrenia/