Delays in psychiatric reports making cases at Waterford District Court 'impossible' to progress
Waterford courthouse
A man who has been in custody since December is unable to instruct his solicitor due to his mental health, Waterford District Court has heard.
Solicitor Ken Cunningham told Judge John Cheatle that without a psychiatric report, he cannot take instructions from his client.
The man is charged with threats to kill or cause serious harm, production of an article intended to cause injury, incapacitate or intimidate (imitation firearm) at a premises on Broad Street in December 2025 and assault causing harm at UHW also in December 2025.
The DPP has instructed that, except for the assault, which is still being considered, the matters can remain in the district court but only if the man pleads guilty.
Mr Cunningham said it was "impossible for me to take those instructions" without "a proper and appropriate psychiatric report".
Judge Cheatle enquired as to whether the defendant had been assessed, to which Mr Cunningham said he had not.
The defendant, however, is on a wait list for a bed at the Central Mental Hospital, on foot of a recommendation by the prison psychiatrist and under Section 15 of the Criminal Law (Insanity) Act 2006.
Section 15 of the act says that if the relevant officer feels that appropriate care for a mental disorder cannot be provided in the prison, the Governor of the prison can direct that the prisoner be transferred to a designated centre.
Mr Cunningham said that the man’s family feel his treatment should be the priority.
The matter was put back to May 12 to await further instructions from the DPP.
In a separate case, solicitor Hilary Delahunty said he was also unable to take instructions from a client due to a mental health disorder, and that the Governor had said in a report that the prison may not be in a position to meet this man’s “complex needs”.
Sergeant Michael Hickey told the court that there was a large volume of charges against this man being dealt with in Cork.
Mr Delahunty said that a psychiatric report was expected by the man’s Cork solicitor.
That man is charged with trespass and attempting to interfere with a vehicle.
