Doctor’s evidence on fitness to plead rejected by judge

A JUDGE yesterday rejected the evidence of a consultant psychiatrist that a Nigerian man she is treating was fit to plead to a number of charges.

Dr Helen O’Neill, who is attached to the Central Mental Hospital (CMH), told Limerick District Court that while John Ughamadu was suffering from a mental illness and needed further treatment, it was her medical opinion he was fit to plead to two charges before the court.

Ted McCarthy, solicitor for Mr Ughamadu, aged 25, with an address at O’Connell Avenue, Limerick, gave evidence that his client was not in a position to satisfactorily instruct him to make a proper defence. His client would only understand bits of evidence due to his mental state.

Judge Tom O’Donnell said there was a conflict in the evidence before the court and an utter conflict in medical evidence given about the accused.

Judge O’Donnell criticised the CMH for failing to respond to three court orders last month to admit Mr Ughamadu as a patient.

If the CMH had acted on his initial order on January 18, he said, it would not have found itself bringing a respected consultant from the CMH to court to give evidence “almost kicking and screaming.”

In her evidence, Dr O’Neill said Mr Ughamadu was suffering from a mental bipolar disorder. He also suffered from a manic episode.

She had been treating him for the past two weeks and he was responding quite well. While there had been significant improvement, he had not yet fully recovered and needed further inpatient treatment.

Judge O’Donnell said that when Prof Harry Kennedy of the CMH assessed the accused on January 25 he concluded that he had no disorder and was fit to plead.

Dr O’Neill replied that when Prof Kennedy carried out his assessment, Mr Ughamadu did not engage and Prof Kennedy had to base his opinion on background information, his observations and two previous reports.

From her examination of him over the past two weeks she was satisfied he suffered from a manic episode.

Asked if she believed the accused was fit to plead, Dr O’Neill said he was. She also said he was fit to instruct his legal representative to make a proper defence and understand the evidence.

Judge O’Donnell asked how she could reconcile this to the defence solicitor’s view that he was unfit to instruct him.

Dr O’Neill said: “He may be unwell to some extent, but not so severe as to stop him thinking and understanding what was going on around him.” Mr McCarthy’s legal view, she added, may be otherwise.

Mr McCarthy said his client was not in a fit mental state to instruct him to his satisfaction.

While the alleged offences related to public order and assault, Judge O’Donnell said Mr Ughamadu was subject to a long suspended sentence on another matter.

He was satisfied, on balance, that the accused was not well enough to plead and the CMH could make an application to re-enter the matter.

Mr Ughamadu was originally arrested after he was found naked in a crib in a Limerick church.

The High Court ruled last month that his detention in a cell over a number of days at Roxboro Garda Station was illegal. He was found accommodation in a Limerick hotel from which he was ejected after an alleged assault. A place was found for him at CMH where he has been on remand for assault and a public order offence.