Judge accuses HSE of 'monkeying' with Court

A judge today accused the Health Service Executive of obstructing a court case by withholding evidence from gardaí and a 15-year-old defendant charged with assaulting a care worker in the Ballydowd Special Care Unit.

Solicitors for the Health Service Executive (HSE) were told that it had been “monkeying around” with the Children’s Court for failing to comply with court orders and witness summonses compelling them to disclose relevant documentation to the boy’s lawyers as well as to the gardaí.

Ms Catherine Ghent, defending, said that the HSE been ordered by the court to furnish her with the documents which she said her client was entitled to.

She said the assault charge arose from an incident in which her client, a young boy who is currently being held in Oberstown Boys’ Centre, had been restrained when he was residing in the Ballydowd Special Care Unit.

It is practice that after a restraint takes place, the details are recorded on a document and then signed by the person who has been restrained, as well as the person who has conducted the restraint.

She said that the boy was entitled to access to this material as he was a co-signatory.

Ms Ghent also submitted that in the interests of a fair trial the material should be made available to her client.

She also said that there was an onus of the health service to furnish the gardaí with this evidence in compliance with fair procedure in criminal trials.

Prosecuting Garda Michael Gregg also said that there is an onus on the Garda to make “reasonable efforts” to find all evidence relating to a case.

He said he had sought a witness summons to compel the authorities in charge of the Ballydowd Special Care Unit to furnish him with any available evidence relating to the incident, including the documents detailing the restraint incident.

However, he said that the health service executive had not complied with the summons. Ms Ghent had also sought a witness summons for the material to be disclosed to her.

She submitted that the court order and the two summonses had not been complied with and applied for the charge to be dismissed.

Solicitors for the HSE disputed that a court order had been made to compel it to disclose the document which records the details of the incident.

Judge Ni Chonduin dismissed the charge and accused the HSE of obstructing the boy’s right to mount a defence in the face of the assault allegations.

“I feel the health service is really acting the monkey with me. I feel that in view of my experience of 30 years of practice; in my dealings with the health boards, I have not met an obstacle like this.

“If you are not provided with information you cannot defend yourself,” she said.

Dismissing the charge, she refused to withdraw the remarks she made when asked to by a solicitor for the Health Service Executive.