Judge rules 'very vulnerable' Dublin man unfit to stand trial for allegedly raping his two nephews
A Dublin man accused of raping his two nephews is unfit to stand trial, a Central Criminal Court judge has ruled.
The 50-year-old man, who cannot be named for legal reasons, was due to stand trial this week charged with three counts of rape and one count of sexually assaulting two boys who are his nephews at an address in Dublin in 2009.
The court heard this week that both the defence and prosecution were in agreement that the man was unfit to stand trial.
Today, Ms Justice Tara Burns ruled the man suffers from a mental disorder within the terms of the Mental Health Act and is unfit to be tried. She adjourned the proceedings “until further notice”.
Ms Justice Burns ruled the man would be unable to make a legal defence, understand the evidence, or instruct legal representation. She accepted he was not suitable for treatment at the Central Mental Hospital.
Consultant psychiatrist, Dr John Hillery, who assessed the man, told the court the man suffers from a mild to moderate mental disability.
The man has a hearing impairment, is unable to read or write, has limited comprehension and was described in court as a “very vulnerable person”.
Dr Hillery told Caroline Biggs SC, defending, that the man finds it difficult to communicate. He used to work in a supportive workplace, but when the supports fell away, he was unable to continue working, the court heard.
He now lives a “very solitary lifestyle”, Dr Hillery said. He has no work to go to, spends most of his time watching TV and his social contact is limited to family members.
The man received some sex education and informed the psychiatrist that he has had relationships with women, but it was unclear how long term those relationships were, the court heard.
Dr Hillery said he believed the man was not fit to stand trial. He said it was “striking” that on a one-to-one basis, the man found it very hard to pay attention or absorb information.
“He may not understand information presented to him, despite appearing to do so,” Dr Hillery said.
Consultant forensic psychiatrist with the Central Mental Hospital, Dr Anthony Kearns, told Sean Guerin SC, prosecuting, that he also believed there were fitness to plead issues in the case.
He said there was no evidence of major mental illness, but that the man suffered from an intellectual disability, which placed him within 2% of the population.
Dr Kearns said the man showed “a very limited understanding of the charges” and had a poor understanding of what pleading to the case entailed.
