Concerns over 'lawfulness' of Catherine O'Brien's detention as she misses sentencing again

The doctor who had signed a cert for the court saying that she was medically unfit had been a doctor at Limerick Prison — rather than from her treating physician at the hospital, the court heard

Catherine O’Brien (pictured) 'knows full well' about applying for judicial reviews to have convictions set aside when the defendant was absent from court, the judge said. File picture: Dan Linehan

Sentencing of convicted fraudster Catherine O’Brien was adjourned on Wednesday until January as the court heard that she was “medically unfit” to attend.

O’Brien was found guilty in July of inducing a man she met on a dating site to invest more than €20,000 in a racehorse.

This was the second time sentencing was adjourned in some five weeks due to her being deemed medically unfit. A medical cert was handed into Waterford Circuit Court on Wednesday morning saying she was unfit to attend.

But after 4pm, her counsel returned to the court, saying her legal team had sought a second medical opinion which had found her medically fit to attend.

The defence had been “sceptical” about the medical certificate, her barrister said. The doctor who had signed a cert for the court saying that she was medically unfit had been a doctor at Limerick Prison — rather than from her treating physician at the hospital, her counsel said.

There were now concerns about the “lawfulness of her detention,” her barrister said. He was concerned about the Prison Service’s “apparent reluctance to have her produced”.

In previous cases such reluctance could be rendered unlawful detainment, he said. But Judge O’Kelly said O’Brien had “taken many opportunities herself to excuse herself” from court before.

Her barrister also asked why the Prison Service did not give her a laptop to access a videolink to the court from prison. But Judge O’Kelly said he would not expect her to have a videolink to the court from her hospital bed.

If she no longer needs to be hospitalised, presumably medics will tell the gardaí who are with her in hospital and she will be brought back to Limerick Prison where she can access a videolink, the judge said.

O’Brien “knows full well” about applying for judicial reviews to have convictions set aside when the defendant was absent from court, the judge said.

“So everyone is anxious to have everything done correctly,” he said.

Judge O’Kelly said O’Brien would have to come before the court on remand to receive her sentence. He adjourned sentencing until January 14.

O’Brien had pleaded not guilty to inducing John Blake “dishonestly by deception” to pay €20,000 to purchase a horse — which the State alleged was not purchased; to pay €1,100 insurance for the mare — which the State said was not paid; and €984 to transport the horse from France to Ireland — which the State argued was not transported.

But a jury at Waterford Circuit Court unanimously returned a guilty verdict on all three charges — of making gain or causing loss by deception contrary to Section 6 of the Criminal Justice (Theft and Fraud Offences) Act 2001. Their unanimous verdict was returned just 40 minutes after being sent out to deliberate earlier this year.

Mr Blake had been diagnosed with stage 4 cancer and also suffered a stroke in recent years, the trial had heard. Judge Eugene O’Kelly previously told Waterford Circuit Court that he was conscious that the victim has a serious illness and that his prospects are not particularly good.

“Under the circumstances, I would be anxious to hear the evidence in relation to victim impact if that would be forthcoming,” Judge O’Kelly previously said. But the victim impact statement was again delayed on Wednesday as sentencing was adjourned.