Health board criticised on failure to treat convicted strangler

A High Court judge has ordered a health board to come up with a suitable treatment programme for a psychologically disturbed young man convicted of strangling his mother to death.

The order was made by Mr Justice Paul Carney, who has been severely critical of the country's archaic insanity and mental health laws.

He was speaking in the case of Mr Damien Donnan (aged 21) who was due to be sentenced for the manslaughter of his mother Jennifer Donnan at the family home at De Valera Park, Thomondgate, Limerick on 17 April 2000.

At Mr Donnan's trial last February, Mr Justice Carney launched a blistering attack on the legislature, which he said, left him powerless to make a hospital order in respect of the accused. He said the legislature had not, since the foundation of the state, enacted laws "to deal with the trial of a person such as this accused".

In the Central Criminal Court today defence counsel Mr Patrick Gageby SC said the health authorities had failed to make progress on a suitable treatment regime for the accused.

He told the court that Mr Donnan's father, who was his primary carer, was anxious that this should happen as he eventually wanted to take him home on a full time basis.

The trial had heard that Mr Donnan broke his mother's larynx while strangling her during a row over a cigarette. His maternal grandparents and sisters of the dead woman had told the court they forgave him and that he "was not a well boy".

Mr Justice Carney said that what he had in mind was a life sentence which would give the court perpetual control over the accused but suspend it on condition that he enter a suitable treatment regime.

"If he proves a danger or a threat he can be put back into the prison system," he said.

Sentence was adjourned until 13 December.