THE HIGH Court has granted leave to a mentally ill man, remanded in custody since January on charges of rape and indecent assault, to bring an action to secure a place at the Central Mental Hospital (CMH) so his fitness to stand trial may be assessed.
The court heard the man was examined by a consultant forensic psychiatrist attached to the hospital.
The psychiatrist expressed a view that the man, being mentally ill, might not be fit to stand trial and placed his name on a waiting list for admission to the CMH.
It is claimed that the governor of Wheatfield Prison failed to direct the man's transfer, so breaching his rights.
The court heard the man's lawyers cannot take proper instruction or prepare his defence until an opinion of his fitness to stand trial is available. The man's prosecution has been adjourned on several occasions. He has been in custody for 11 months awaiting a transfer to the CMH for evaluation over a predicted six-month period.
The man's action is against the governor of Wheatfield, the DPP, the Minister for Justice, the State and the Attorney General.
Leave to bring the judicial review action was granted by Mr Justice Iarfhlaith O'Neill on an ex parte basis. The judge also ordered an inquiry under Article 40 of the Constitution into the legality of the man's detention.
The man claims his continued detention is unlawful and wants orders that his prosecution be prohibited until all necessary facilities are in place to allow for the preparation of his defence.
He also wants a declaration that any person granted free legal aid is entitled to be provided with all ancillary medical services reasonably necessary for the preparation of his defence and an order directing the defendants to provide him with treatment.
Michael O'Higgins SC, for the man, argued that he was remanded in custody without the proper resources to allow him instruct his legal team and prepare his defence.