Judges’ appeal in ‘urgent matter’ of Tipperary man with brain injury being held in prison

Two judges at Nenagh District Court have called for a resolution in the case of a man with acquired brain injury, currently being held in Limerick Prison. 

Judge Adrian Harris said he wanted the “message to go back” to the HSE that this was an urgent matter that should not be dealt with in prison.

At a second sitting, to provide an update, Judge Fiona Brennan said: “Every effort should be made to secure the funding to admit the defendant to a residential treatment programme.”

Ivan Scullion (38) of 66B Assumption Park, Roscrea is charged with several offences including pointing a knife at someone in the Tesco car park on March 15, 2024. 

He is also charged with a number of public order offences and criminal damage at a social welfare office.

Sgt Regina McCarthy told the court that on the day of the incident, the injured party reported the defendant had approached him intoxicated. 

He pointed a knife at the injured party and said he would “cut him” before walking away.

The injured party told gardaí he wasn’t frightened but was concerned the defendant might hurt himself.

Later in Roscrea, gardaí saw the defendant and asked him where the knife was, to which Mr Scullion replied he did not have it anymore. 

A witness told gardaí they had handed it into the garda station. Gardaí arrested Mr Scullion and took him to Nenagh Garda Station. 

Acting for the defendant, solicitor Tom Stamp told the court that while his client is 38-years-old and due to a brain injury he suffered as a child he remains “developmentally a child”.

The solicitor went on to say that Mr Scullion has been before the court on many occasions but that his offences are related to alcohol dependence and usually only put himself in danger. 

The court heard that Mr Scullion had settled but during the Covid-19 pandemic he “found himself on his own with no help”.

He is, his solicitor said, “vulnerable and easily manipulated”.

Mr Stamp told the court that his client uses alcohol to self-medicate for his “ever-increasing anxiety, to deal with a world he is intellectually incapable of dealing with”.

“He is a child and a child who loves alcohol as any child would,” said Mr Stamp. 

Mr Stamp told the court that Mr Scullion’s family want to have him admitted to a facility in Naas which has been approved but is subject to funding. 

A report is to be carried out by a forensic psychologist if favourable would go a way to helping secure the defendant a bed. 

However, in the meantime, Mr Scullion could not adhere to bail conditions set out by the court and so must stay in Limerick Prison. 

Sgt McCarthy told the court that the defendant's mother and sister had written a letter that “may offer some insight into how his family see him.”

URGENT SITUATION

The judge read the letter calling it “moving” and “heartfelt”.

Commenting on the case, the judge went on to say that this is an “urgent situation” that should not be dealt with in prison. 

He asked Mr Stamp to convey his message to the HSE. 

“There is no point in proceeding but I want that message to go back to them,” said Judge Harris.

Judge Harris put the matter back to September 24, 2024, for an update. 

UPDATE

At a sitting of Nenagh District Court, Judge Fiona Brennan was told that funding had not yet been secured and Mr Scullion’s place in the facility in Naas was still dependent on it. 

Mr Stamp asked the judge to adjourn the case for another two weeks.

He explained the defendant’s situation and Judge Brennan said: “I would ask that every effort be made to secure that funding.”

The case was put back to October 4 for another update.