THE trial of Mr Brendan Patrick O'Donnell will resume at the Central Criminal Court next week. After one hour's deliberation, a jury yesterday found he was "now competent to proceed with his trial" on three murder charges.
Mr Justice Kinlen said that Mr O'Donnell had become ill during his trial, which opened on January 15th.
Under the 1821 Criminal Lunatics Act the issue of fitness to plead had to be decided by a jury empanelled for that purpose.
He said that both the defence and the prosecution had agreed that Mr O'Donnell was fit to plead and competent to conduct his defence. Neither the prosecution nor the defence had sought to say that he was incapable of conducting his defence.
Mr Patrick MacEntee SC, for the defence, and Mr Kevin Haugh SC and Mr Peter Charleton SC, for the prosecution, had submitted that he was fit, and all the evidence was the one way, Mr Justice Kinlen said.
The jury had given the issue very considerable attention, and asked some extremely intelligent questions, he said, and had decided that as of today Brendan O'Donnell was competent to conduct his defence.
The judge said he "entirely agreed" with the verdict.
Mr O'Donnell, who is in custody at the Central Mental Hospital, has been remanded until next Wednesday, when his trial is due to resume before Mr Justice Lavan and the original jury, which has heard nine days of evidence.
Following the jury verdict, Mr Justice Kinlen also said that in the course of the hearing an allegation had been made by Brendan O'Donnell that he was assaulted by another prisoner while in the custody of prison officers during detention in a holding cell in the courts earlier that week.
The judge said he was very concerned by the allegation and he wanted it investigated. He said that one of the governors in Mountjoy Prison had carried out a preliminary investigation but had not interviewed Mr O'Donnell or his solicitor and had not heard the whole story.
He said he took a very serious view - if there was any truth in the allegation - of interference with the prisoner. He had directed that gardai investigated.
When his trial opened on January 15th Mr O'Donnell (21) of no fixed address, denied all counts on the indictment.
He pleaded not guilty to murdering Imelda Riney (29) and her son Liam (3) on a date unknown between April 28th and May 8th, 1994. He also denied murdering Father Joseph Walsh (37), former curate of Eyrecourt, Co Galway between Many 3rd and May 8th, 1994, and falsely imprisoning Father Walsh.
He pleaded not guilty to kidnapping Ms Fiona Sampson and Mr Edward Cleary in Co Galway on May 7th, 1994, and to hijacking vehicles driven by the same persons.
He further denied having a shotgun and ammunition with intent to endanger life and for unlawful purposes on the same date.
The trial was adjourned on its ninth day when, after hearing legal discussion in the absence off the jury, Mr Justice Lavan directed that the issue of fitness to plead be decided.
He adjourned the trial until February 7th to facilitate the fitness to plead hearing.