Man cleared of sex assault by reason of insanity

A 30-year-old man has been found not guilty of aggravated sexual assault by reason of insanity at the Central Criminal Court.

The court heard from prosecution and defence psychiatrists that the man suffered from the mental disorder paranoid schizophrenia to such an extent that he did not know what he was doing was wrong and that he was unable to refrain from committing the act.

Under Section 5 of the Criminal Law (Insanity) Act 2006 fulfilling these criteria allows a jury to return a special verdict of “not guilty by reason of insanity.” The court can then commit the person for treatment in a designated centre such as the Central Mental Hospital (CMH).

The man had pleaded not guilty to aggravated sexual assault on a male on a date in August 2008.

The jury of nine men and three women returned a verdict of not guilty by reason of insanity following less then an hour of deliberation.

Mr Justice Garrett Sheehan adjourned the case for three weeks to allow reports be prepared by the CMH on proposals for the man’s treatment, his physical health and other factors impacting on his care.

Mr Patrick Gageby SC, defending, told the jury that his client admitted he had carried out the acts as outlined in the indictment.

Sergeant Joseph McLoughlin agreed with Ms Caroline Biggs SC, prosecuting, that the victim was pleased he did not have to give evidence since the accused had made admissions. He said the man was also pleased the accused would receive inpatient care.

Sgt McLoughlin said that the accused man had confronted his victim armed with a knife and made the man touch him intimately. He made the man undress and when the victim locked himself in a bathroom, he kicked down the door, punched him and put his fingers in his eyes.

The victim was further assaulted by the accused, who was aggressive and threatening.

The victim told the man he was going to get sweets from his car and managed to get away to find help.

The accused man later took a vehicle and was pursued by gardaí, driving at speed until he crashed and was arrested. He was aggressive when arrested and gave “bizarre” answers when interviewed.

Sgt McLoughlin agreed with Mr Gageby that the victim had noticed the accused “speaking to doors or to someone else” during the incident.

Dr Paul O’Connell, consultant psychiatrist, giving evidence for the defence, told Mr Gageby that in his opinion the accused suffered from paranoid schizophrenia characterised by auditory and visual hallucinations, grandiose delusions as well as showing evidence of thought disorder.

He said he believed the accused man was suffering from a mental disorder as described in the act, that he did not know what he was doing was wrong and was unable to refrain from doing it. He recommended the accused was in need of inpatient treatment at the CMH.

Dr Stephen Monks, consultant psychiatrist, giving evidence for the prosecution, said he was satisfied the accused had a mental disorder, paranoid schizophrenia, and had it at the time of the offence.

He said he believed that at the time of the offence the accused man’s thinking, perceptions and judgment were impaired and he was unable to refrain from committing the act. He said the man was in need of inpatient care and treatment at the CMH.