Vulnerable mute Eritrean man made a ward of court

Man had been found confused and wandering alone on Meath road

Mr Justice Peter Kelly: said it was not appropriate for the man to remain in an acute hospital when he had no acute illness. Photograph: Aidan Crawley
Mr Justice Peter Kelly: said it was not appropriate for the man to remain in an acute hospital when he had no acute illness. Photograph: Aidan Crawley

A vulnerable young African man who was mute for five years and has been detained in hospital for more than a year after being found by gardaí wandering alone in a confused state on a road in Co Meath has been made a ward of court.

President of the High Court Mr Justice Peter Kelly also agreed to transfer the man from his current placement in an acute hospital ward to be detained in a rehabilitation centre.

Sarah McKechnie, for the hospital, told the judge this was a “most unusual” case and the medical evidence indicated the man needed the protection of the court. The man appeared to have no family here and medical staff believed it was not appropriate to keep him in a medical setting. While he appeared to have an acquired brain injury, he did not require medical treatment, she said. He had been assessed as of unsound mind and incapable of managing his own affairs.

Mr Justice Kelly said it was not appropriate for the man to remain in an acute hospital when he had no acute illness and he would make the orders sought. This was an “unfortunate young man” who appeared to have been mute for five years and had cognitive and self-care deficits, he observed.

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Noting that the Office of the Refugee Application Commissioner had asked to be kept informed of the man’s situation, the judge said there was little indication the man would be in a position to be interviewed in connection with an application for refugee status.

The man, aged in his 20s and believed to have come from Eritrea, sought asylum in early July 2015 at a refugee accommodation centre in Co Dublin. He presented with a piece of paper with details of his name, country of origin and language and the words: “I am not normal mental” on it.

Arising from that, he was entered on the records of the office but it was unable to process his application pending medical assessment. About a week after he presented at the accommodation centre, he was found by gardaí wandering alone on a road in Co Meath in a confused state. They took him to hospital where he remained until Monday’s court proceedings.

Medical assessments expressed the view he suffered from an intellectual disability or had acquired a brain injury at some point in his life. He also required prompting to deal with personal care activities such as washing, dressing and eating.

According to information supplied from some family members abroad, the man suffered a head injury in his teens as a result of an accident and later spent time in the Eritrean army, during which his mental health deteriorated.

He was mute for five years as a result of which it was considered he would have long-standing language difficulties and his primary language remained unidentified.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times