PROCEEDINGS as to whether the South Eastern Health Board should provide a secure place for a man with a mental age of 12 convicted of a sexual offence were struck out by consent in the High Court yesterday.
The man had been brought before a Circuit Criminal Court where it was claimed the health board gave an undertaking to accept responsibility for the man to avoid him getting a custodial sentence. The health board, however said it could not arrange a secure placement for him.
Later the matter came before the High Court which decided there should be an inquiry as to whether the health board was responsible for the man.
At a previous hearing a solicitor for the man had said that in November 1995 his client came before a Circuit Criminal Court on four counts contrary to Section 2 of the Criminal Law (Rape) Amendment Act 1980. He pleaded guilty to two counts. During the trial a Garda sergeant said that six statements had been given by the man detailing sexual assaults he carried out and a catalogue of sexual assaults carried out by various identified individuals on the man. The sergeant confirmed that after exhaustive Garda investigation he was satisfied as to the veracity of all the allegations made by the man.
In a psychiatric report the man was diagnosed as suffering from a borderline mild mental handicap, equivalent to the mental age of a 12-year-old, with personality problems and paedophilia preoccupation The man was stated to have a history of being physically and sexually abused and had a deprived family background.
The Circuit Court judge had adjourned sentencing the man when an undertaking was given by the health board that it would accept his voluntary admission into a psychiatric hospital. But the man had signed himself out and returned to the hospital the next day.
The health board said in an affidavit that it had sought a residential placement with a number of, voluntary groups. From the outset however, there were problems finding a suitable place for him due to his paedophilic tendencies.