A 30-YEAR-OLD man has been found not guilty at the Central Criminal Court of aggravated sexual assault by reason of insanity.
The court heard from prosecution and defence psychiatrists that he suffered from the mental disorder paranoid schizophrenia to such an extent that he did not know what he was doing was wrong, and that he was unable to refrain from committing the act.
Under section 5 of the Criminal Law (Insanity) Act 2006, fulfilling these criteria allows a jury to return a special verdict of “not guilty by reason of insanity”.
The court can then commit the person for treatment in a designated centre such as the Central Mental Hospital (CMH).
The man had pleaded not guilty to aggravated sexual assault on another man in August 2008. The jury of nine men and three women returned a verdict of not guilty by reason of insanity following less than an hour of deliberation.
Mr Justice Garrett Sheehan adjourned the case for three weeks to allow reports to be prepared by the mental hospital on proposals for the man’s treatment, his physical health and other factors which would affect his care.
Patrick Gageby SC, defending, told the jury that his client admitted he had carried out the acts as outlined in the indictment.
Garda Sgt Joseph McLoughlin agreed with Caroline Biggs SC, prosecuting, that the victim was pleased he did not have to give evidence since the accused had made admissions. He said the man was also pleased the accused would receive inpatient care.
Sgt McLoughlin said the man had confronted his victim armed with a knife and made the man touch his private parts. He made him undress and when the victim locked himself in a bathroom, he kicked down the door, punched him and put his fingers in his eyes.
He made the victim touch him and perform other acts. He also urinated on the man’s shirt and was aggressive and threatening.
The victim told the man he was going to get sweets from his car and managed to escape to find help.
The accused later took a vehicle and was pursued by gardaí, driving at speed until he crashed and was arrested.
He was aggressive when arrested and gave “bizarre” answers when interviewed.
Sgt McLoughlin agreed with Mr Gageby that the victim had noticed the accused “speaking to doors or to someone else” during the incident.
Consultant psychiatrist Dr Paul O’Connell, giving evidence for the defence, told Mr Gageby that in his opinion the accused suffered from paranoid schizophrenia characterised by auditory and visual hallucinations, grandiose delusions as well as showing evidence of thought disorder.
He believed the accused man was suffering from a mental disorder as described in the Act, that he did not know what he was doing was wrong and was unable to refrain from doing it. Dr O’Connell recommended that the accused was in need of inpatient treatment at the CMH.
Consultant psychiatrist Dr Stephen Monks, for the prosecution, said he was satisfied the accused had a mental disorder, paranoid schizophrenia, and had it at the time of the offence.
He believed that at the time of the offence, the accused man’s thinking, perceptions and judgment were impaired. He said the man was in need of inpatient care and treatment at the mental hospital.