Judge invites lawyers for homeless man to sue State over human rights

A HIGH Court judge has invited lawyers for a disturbed homeless man to sue the State for alleged breaches of his human rights over his treatment after being charged with public order offences arising from his allegedly trying to sleep in a crib in a church.

Mr Justice John Edwards said John Ughamadu, 25, a Nigerian national, may be entitled to damages for possible breaches of his rights under the European Convention on Human Rights. The proceedings might lead to the State enacting laws to deal with the problems raised by the case, particularly the non-availability of beds in the Central Mental Hospital for persons sent there by the courts for detention and assessment, said the judge. There has to be a “Plan B” when such emergencies arise, said the judge. The judge made the comments after finding Mr Ughamadu has been unlawfully detained in a Limerick Garda Station because there is no bed for him in the Central Mental Hospital, despite a court order for his assessment there.

The judge said he would order his release but, because Mr Ughamadu is homeless, concerns about his health and to protect his “human dignity”, he would direct he remain in Roxboro Road Garda Station while emergency accommodation is urgently arranged pending a District Court appearance next Wednesday. After being earlier told by the director of the hospital there was not only no bed for Mr Ughamadu, but there was also a waiting list of eight seriously ill people for beds, the judge said it seemed Ireland could potentially be in breach of the man’s rights under the constitution and the European Convention on Human Rights.

He told Isabel Kennedy SC, for Mr Ughamadu, he was inviting her to amend her judicial review proceedings to include claims Ireland is in breach of the relevant provisions of the European Convention on Human Rights.

The court heard how last week, Judge Tim O’Donnell made an order that Mr Ughamadu, who was before him on public order offences arising from allegedly trying to get into a crib in the Redemptorist Church in Limerick, be sent for psychiatric assessment.