A TEACHER challenged in the High Court yesterday a medical report that he is of unsound mind and incapable of managing his personal affairs.
Mr Declan Heavey, of Park Avenue, Sandymount, Dublin, who is in his 30s, is contesting psychiatric reports from the Office of the Wards of Court to the President of the High Court, Mr Justice Costello, that he is of unsound mind and incapable of managing his affairs.
At the opening of the inquiry before Mr Justice Geoghegan and a jury, Mr Brian Spierin, counsel for the State, described the case as unique because it was being heard before a jury and in public.
Mr Heavey, who is not legally represented at the inquiry, applied last September to the President of the High Court to have the in camera rule lifted.
Mr Spierin said the jury was being asked to decide whether Mr Heavey was of unsound mind in relation to the management of his person, property and affairs.
If the court decided that Mr Heavey be made a ward of court he could still live in the community but decisions on his affairs would be made by the court, he said.
Mr Spierin said Mr Heavey's father died in 1994 and made a provision for his son in a will made in 1993. Mr Heavey felt his father had not made proper provision for him in accordance with his father's means and had brought a claim to that effect which had not yet been heard.
He said Mr Heavey had been advised in relation to these proceedings and communications were entered into to try and settle the proceedings to avoid having it go to court.
During negotiations concern was expressed that perhaps Mr Heavey was not capable of making a decision and this concern was raised with the President of the High Court, Mr Justice Costello, who directed that an inquiry be held as to whether Mr Heavey was of unsound mind.
In March 1996, Dr John Halpenny, one of the medical visitors of the Office of the Wards of Court, examined Mr Heavey and reported back to the court that Mr Heavey was suffering from hypomania and he judged him to be of unsound mind. Another doctor had also examined Mr Heavey and came to the same conclusion.
Mr Spierin said a wardship was not an irreversible matter.
Dr Halpenny, a retired consultant psychiatrist, said he examined Mr Heavey in March 1996 and again earlier this month and found that he was suffering from hypomania.
Dr Halpenny felt that if his condition became acute he would not be able to manage his affairs and therefore, he felt he was of unsound mind.
The case continues today.