'This has got to stop': Judge threatens to bring prison governor before court

Eoin Reynolds

A judge has threatened to bring the governor of the Midlands Prison before the Central Criminal Court to explain why a psychiatrist hired by defence lawyers has been twice denied access to a prisoner awaiting trial for murder.

Lawyers for the prisoner want him assessed to establish if he has a defence under the Criminal Law (Insanity) Act.

Under the Act, psychiatrists can give evidence that a person suffers from a mental disorder that qualifies them for a verdict of not guilty by reason of insanity or of manslaughter due to diminished responsibility.

However, Mr Justice Paul McDermott has repeatedly pointed out that insufficient psychiatric services in Ireland are forcing lawyers to look outside the State for expert reports.

Difficulties in securing psychiatrists have led to significant trial delays and the judge has expressed concern about the heightened trauma inflicted on victims' families.

Morgan Shelley BL on Wednesday told Mr Justice McDermott that he is representing a man who is in custody as he awaits a trial for murder. The defence team secured a psychiatrist from the UK, who has twice travelled to the Midland's Prison to meet the prisoner.

On both occasions, Mr Shelley said, the psychiatrist was left waiting only to discover that the meeting had been cancelled by the prison without explanation.

Mr Justice McDermott said: "A consultant psychiatrist from the UK set aside two hours on two occasions to facilitate this court and had the rug pulled at the last minute – this has got to stop."

Mr Justice McDermott asked to be updated on March 7th as to whether a newly scheduled consultation has been facilitated. "If not, I am directing the governor of the Midlands Prison to come to court to explain why," he said.