Cork judge says 'everyone seems to be passing the buck' over defendant's fitness to plead report

“Everyone seems to be passing the buck” when it comes to making a psychiatric finding on a man’s fitness to plead, in a criminal case where he has been remanded in custody since February.

That was the comment made today by Judge David Waters at Cork District Court in the case against 46-year-old Roy O’Sullivan of 192 Connolly Road, Ballyphehane, Cork, who faces four counts of causing criminal damage to cars. 

On February 1 and 2 it is alleged that he caused criminal damage to four parked cars in Cork city.

Last week Judge David Waters said: “I need an explanation for what is happening. There is an issue about fitness to plead. I am going to remand him in custody for one week for the report on his fitness to plead report.” 

Sergeant John Dineen said today that he did not have a psychiatric report on the accused while he is in custody. 

But he added: “I find it hard to understand if the Central Mental Hospital cannot provide a report, who can?” 

Judge Waters said that it was a matter for the State but said he was not being critical of Sergeant Dineen who was in a sense, “left holding the baby”, as he was the one presenting the case in court.

The judge said the accused could not be remanded in custody again without evidence on his fitness to plead.

Judge Waters said that if the state could not assist in terms of his fitness to plead then one of the options he would consider next week would be striking out the case and letting the defendant out of custody.

“The issue of fitness to plead is being raised by the court. I am satisfied on the basis of what I have seen so far that this man does not understand what is going on. The state must justify his continuing remand in custody. Otherwise he will be released in one week,” Judge Waters said.

He added: “I am not going to keep remanding him in custody. The consequences of the State doing nothing are that I will release this man.” 

The judge refused the state application to put the matter back for two weeks.

Judge Waters added: “I may release him if the state cannot show some progress.”