Criminal damage by Cork gravedigger possibly caused by temporary amnesia, court told

Sentencing adjourned pending medical report on accused after 16 gravestones damaged at Ballincollig cemetery

Pat MacSweeney has been on bail since March.

A 63-year-old gravedigger’s criminal damage to 16 gravestones at a cemetery in Ballincollig was possibly caused by "temporary global amnesia".

Defence solicitor Frank Buttimer said a consultant neurologist’s report said the actions were caused by this condition known as TGA, which relates to confusion and disorientation. 

Judge Kelleher said from his reading of the consultant’s report that this had been put forward as a "possible" explanation.

Mr Buttimer said Pat McSweeney was never in trouble in his life, that he was suffering depression, his sister had died eight months previously, and he had been working very hard at the time.

Judge Kelleher noted that because of lockdown restrictions, the consultant neurologist had spoken to the defendant by phone but had not examined him in person. 

The judge said he was adjourning sentencing until September 17 for that to take place. 

He accepted that Pat McSweeney, of Marian Terrace, Douglas Road, Grange, Cork, had been totally co-operative but he wanted to be sure that nothing like this would occur again.

Mr Buttimer said in that regard that the accused had been deemed medically fit to return to work some months ago but had not done so.

When he was originally charged with 16 crimes by Garda Gary Brennan he replied:

I can’t argue with that.

Pat McSweeney’s bail conditions — which were set after he was charged in March — require him to stay out of cemeteries in Cork city and county, except for the purpose of a family funeral should this arise. 

Other bail conditions require him to reside at his home address, notify gardaí of any change of address and sign on at Togher Garda Station on Mondays and Fridays.

The 16 charges are contrary to the Criminal Damage Act and refer to criminal damage caused to 16 different gravestones at St Mary and St John’s Church, Station Road, Ballincollig, Co Cork, on Saturday, March 13.

Mr Buttimer said that since the offences were committed Mr McSweeney wrote letters of apology to all the families affected by his actions and he paid the €2,250 bill for the restoration of the gravestones.

Despite Mr Buttimer’s reference to TGA in the consultant’s report, Judge Kelleher said he was concerned that in this and other medical reports there was no cause given for the offending behaviour.