A MAN detained at the Central Mental Hospital in Dublin, after he was found "guilty but insane" some years ago of murder, has brought a legal challenge to secure his release.
The man, who cannot be identified for legal reasons, claims that the refusal to release him is a breach of his rights under the European Convention of Human Rights. He also claims that he is entitled to release under the provisions of the Criminal Law (Insanity) Act 2006. His action is due to be heard by the High Court in early July.
The man has brought his proceedings against the Mental Health (Criminal Law) Review Board, the Minister for Justice, Ireland and the Attorney General.
He claims he is entitled to be discharged subject to such conditions as may be deemed appropriate by the Mental Health (Criminal Law) Review Board in accordance with Section 13 (9) of the Criminal Law (Insanity) Act 2006.
The man has been detained at the Central Mental Hospital in Dundrum, Dublin, for several years after he was found guilty but insane of killing another person. The trial judge ordered that the man be sent to Dundrum until the pleasure of the Government was known.
The man's action has been described by lawyers as an important test case as it is understood that there are a number of similar cases pending. At the High Court yesterday, Mr Justice John MacMenamin agreed, pending the outcome of the man's case, to adjourn a similar application by another person detained at the the Central Mental Hospital.
In his action, the man is seeking an order compelling the Mental Health Review Board to grant him conditional release.
He also wants a declaration that the refusal to release him is in excess of the provisions of the 2006 Act.
He is also seeking declarations that the refusal to grant him a conditional discharge is incompatible with the European Convention on Human Rights.
The failure to grant him a full, public and proper appeal against the refusal of conditional release is incompatible with the State's obligations pursuant to the convention, he claims. He further claims that the 2006 Act fails to state the manner in which the conditions of his release may be imposed by the review board, and how they should be enforced, and he contends that the Central Mental Hospital is obliged to develop protocols in that regard.