Judge in ‘terrible position’ of having to release ‘unfit’ prisoner ‘out on the streets’

A judge has said that he has been put in “a terrible position” in having to put a prisoner who needs treatment “out on the streets”.

Judge Martin Nolan was speaking at Dublin Circuit Criminal Court after hearing that John Delaney (26) is on a waiting list for the Central Mental Hospital, which is currently full.

“I have been put in a terrible position here. I have been asked to release a man into society that is probably unfit to be released into society,” he said.

Delaney was facing trial on charges of an assault allegedly carried out at the Fr Peter McVerry shelter in Finglas, Dublin on February 18th last (2020). He was also charged with producing a butter knife in a manner likely to intimidate another and with criminal damage on the same date.

After evidence from a consultant psychiatrist was presented to the court, Judge Nolan said he was satisfied Mr Delaney was unfit to stand trial and noted he has already spent about nine months in custody at Portlaoise prison.

He initially ordered that Mr Delaney should be released in one week’s time, but Eoin Lawlor BL, prosecuting, advised the judge this option was not available to him under the law.

Judge Nolan said he had hoped the one week period would allow the relevant parties involved in the case to make arrangements for Mr Delaney. The court heard he has no close family he can stay with.

When the judge suggested that he would have to release Mr Delaney on Friday, Mr Delaney asked the judge: “Where am I going to stay?”

Judge Nolan commented: “We are literally putting this man out on the street.”

He said if he followed the law and ordered his release on Friday, Mr Delaney would be “left in limbo” in Portlaoise. The judge said: “I don’t want Mr Delaney wandering the roads.”

He said if Mr Delaney was released in this way, he was uncertain what the consequences might be for Mr Delaney and for others in the community.

He said he was sure the gardaí­ in Portlaoise would be aware of Mr Delaney but said he did not want to put this “burden” on them. He noted that Mr Delaney is apprehensive about being released.

He ordered a stay on Mr Delaney’s release until Monday with the hope that a place may be found for Mr Delaney by then.

“I am hoping against hope that something will present itself by Monday,” he said.