A mentally unwell woman who faces public order and assault charges has been remanded in custody for two weeks when it became apparent in court that she was unfit to meet the charges brought against her.
The 32-year-old, who has an address at St Loman’s Hospital in Mullingar, was visibly disturbed, agitated, and distressed when she appeared before Mullingar District Court. She shouted, rocked in her standing, and sang out loud while Judge John Neilan attempted to deal with her case.
The judge referred to an “up to date” report before the court from the Central Mental Hospital which indicated that she was fit to appear in court and stand trial.
However, her solicitor Mr Louis Kiernan observed that this was “clearly not the case”. He said he hadn’t seen the report but that this appeared to be an “incorrect assessment”.
He asked if it was possible for the court to request an independent assessment of his client’s condition.
Judge Neilan pointed out that in February he had indicated that he would direct that a forensic psychiatrist from outside the State assess the woman, who is charged with assaulting a woman at St Loman’s Hospital, and with threatening behaviour on the same date in January.
He referred to how the diagnosis had been upgraded to an “emotional and behavioural disorder”, from a “personality disorder” and commented on a report which stated that her condition, while it had stabilised, had since deteriorated.
The judge also indicated that he had inadvertently opened a letter which had a handwritten address and no official stamp on the envelope but which was meant for the President of the District Court.
When he read the opening line which referred to a complaint which the HSE wished to make about him, as he understood in relation to his handling of the case, he immediately returned the letter to the envelope and forwarded it to the President.
He said that he will be entitled to a copy of the complaint and will make the contents public when he receives it. He said that he had done his “level best” to handle the case and welcomed the complainant, whoever they may be to come to court and set out their complaints.
The judge said he was unaware if his proposal of an independent assessment was related to the complaint and said that he was a lay man who has to rely on reports from psychiatrists regarding the “plight of the unfortunate lady” before the court.
Mr Kiernan said he was of the belief that the case had been dealt with appropriately by the judge and the Gardaí from the beginning.
Throughout the proceedings the woman sang about Mammy and Danny, clapped her hands and joined them as if in prayer. She used numerous expletives as she shouted and became increasingly agitated, though she appeared to direct her words to no one in particular.
She was also physically aggressive towards Gardaí and members of the public in the packed courtroom. She seemed to have considerable difficulty with her clothing as the trousers which she wore under a long t-shirt appeared to be held up by a female member of the Gardaí.
The judge recommended that the woman be treated appropriately for her condition while in custody.
He also referred to a comment in the report about the “stress and tension” of the legal proceedings and said that he had endeavoured on two occasions to get the woman to sign a bail bond which a psychiatrist, Dr Gráinne Flynn from the Central Mental Hospital said she had agreed to sign.
He wondered what would become of the woman if the DPP decided for whatever reason not to proceed with the prosecution, whether she would be left to simply walk out through the gates of the court.
She was remanded to the Dóchas Centre to appear again before Mullingar District Court on April 16.
