THE Central Criminal Court has directed that a doctor appear to give evidence on oath concerning his treatment of a youth who claimed he was buggered by a Dublin man two years ago.
The order was made by Mr Justice Shanley after he was told by Mr Luigi Rea, defending, that the court may have been misinformed by the youth's mother concerning psychiatric treatment he received.
Denis Timmons (46), of Thomas Court, Dublin, was found guilty on October 10th of raping the youth under Section 4 of the Criminal Law (Rape) (Amendment) Act 1990 on March 10th, 1994. He is in custody for sentence.
Mr Rea said that, during cross examination by Mr Barry White SC, the youth's mother denied her son had attended St James's Hospital for psychiatric treatment. Her reply cut off any further exploration of that point in cross examination, said Mr Rea.
However, the defence had become aware of a letter from a Dr Neil Adamson, described as acting senior lecturer, which reported he had seen the youth on October 8th, 1993, several months before the date of the offence on which his client was convicted. Mr Rea added that the witness might not have been aware of the matter, and neither the youth nor his father appeared to have mentioned it to the prosecution.
Mr Justice Shanley said his recollection of the woman's reply coincided with Mr Rea's. He directed that Dr Adamson be in court to give evidence at the sentence hearing on December 11th.
He would proceed with sentence then as he was bound by the verdict, but the matters argued by Mr Rea could be raised at the Court of Criminal Appeal. If there was difficulty contacting Dr Adamson, it was to be mentioned to the court on Monday.
Sentence on Timmons was postponed from November 29th because the defendant was not satisfied with his psychiatric report and to allow time for a new arrangement to be made. Mr Rea told Mr Justice Shanley, however, his client was now happy with the report.
The jury heard the victim give evidence that he screamed when Timmons raped him on a bed and said: "I like breaking you in." The jury had also heard the youth had to be held down by his brother and mother when he got home in a hysterical state and related what had happened.