Case No. 19125Assault causing harm · Co. Kildare

Man with schizophrenia lacks capacity to instruct legal team, Naas court told

A man with schizophrenia is accused of attacking and injuring his mother with a knife; the incident date is not stated, and his age and nationality are not given. He appeared by video-link from custody at Naas District Court, where Judge Desmond Zaidan was told he is a serious risk to himself and others and, according to a psychiatric report, has no mental capacity to instruct his legal team. On 20 November 2023 the court was told there was still no bed for him at the Central Mental Health Hospital, and the psychiatric report was sent to the Director of Public Prosecutions. The judge adjourned the case to 23 November 2023 for DPP directions, warning it would be struck out without prejudice if none were given, and no later development has been reported.

  1. Reportednot reported
  2. Arrestednot reported
  3. Chargednot reported
  4. In court20 Nov
  5. Verdict
  6. Sentenced
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
Where
The case was heard at Naas District Court in County Kildare.
When
The incident date is not stated in the sources.
What happened
The man is accused of attacking and injuring his mother with a knife.
Weapon
The weapon is reported as a knife.
Other details
  • The man has schizophrenia.
  • The doctor recommended that gardaí make an application under Section 12 of the Mental Health Act, 2001.
In court
  • Judge Desmond Zaidan was told the man is a serious risk to himself and others.
  • Defence counsel told the judge, according to a psychiatric report, that the man has no mental capacity to instruct his legal team.
  • The man appeared by video-link while remanded in custody.
  • On 20 November 2023 the court was told there was still no bed available for the accused at the Central Mental Health Hospital.
  • The judge warned he would strike out the case without prejudice if the State gave no DPP directions by the next date.
  • The judge adjourned the case to 23 November 2023 to allow time for DPP directions.
  • The judge urged the defendant to think about taking help for his condition.
Investigation
A copy of the psychiatric report has been sent to the Director of Public Prosecutions.
Sentence
No sentence has been reported.
11 statements extracted from the articles
  • whereThe case was heard at Naas District Court. (kildarenow.com)
  • investigationA copy of the psychiatric report has been sent to the Director of Public Prosecutions. (kildarenow.com)
  • chargeThe man is accused of attacking and injuring his mother with a knife. (kildarenow.com)
  • courtJudge Desmond Zaidan was told the man is a serious risk to himself and others. (kildarenow.com)
  • courtDefence counsel told the judge the man has no mental capacity to instruct his legal team, according to a psychiatric report. (kildarenow.com)
  • courtThe court was told on 20 November that there was still no bed available for the accused at the CMMH. (kildarenow.com)
  • courtThe man appeared by video-link while remanded in custody. (kildarenow.com)
  • courtThe judge warned that he would strike out the case without prejudice if the State gave no DPP directions by the next date. (kildarenow.com)
  • courtThe judge adjourned the case to 23 November to allow time for directions from the DPP. (kildarenow.com)
  • courtThe judge urged the defendant to think about taking help for his condition. (kildarenow.com)
  • otherThe doctor recommended that gardaí make an application under Section 12 of the Mental Health Act, 2001. (kildarenow.com)

The reporting

newest first
  1. 20 Nov2023
    UPDATE: Man with schizophrenia has no capacity to advise his own legal team, Kildare court told

    Court update on the remand hearing: the psychiatric report was sent to the DPP, no bed was available at the CMMH, the judge adjourned the case to 23 November for DPP directions, and the judge urged the defendant to accept treatment.

    accused, malevictim