Man ‘fit to stand trial’ over attempted murder of Dublin children, judge finds

A man charged with attempting to murder three children in Dublin 2023 has been declared “currently fit to stand trial”.

Riad Bouchaker, 52, of no fixed abode, is charged with the attempted murder of two female children and one male child in an incident that took place at Parnell Square East in Dublin City on November 23 2023.

A trial date has been set for June and it is expected to last two weeks.

He was also charged with assault causing serious harm to a care worker.

The man was further charged with three counts of assault causing harm as well as the possession and production of a 36cm kitchen knife.

At the Central Criminal Court on Friday, Mr Justice Tony Hunt made a ruling on Mr Bouchaker’s fitness to stand trial after considering relevant medical and psychiatric evidence.

Mr Bouchaker was present in court for the proceedings which were translated for him by an Arabic interpreter.

Mr Justice Hunt said: “My finding is Riad Bouchaker is currently fit to stand trial.”

A five-year-old girl and a woman in her 30s were left in a critical condition in hospital after the attack near a school on November 23.

Two other young children, a five-year-old boy and six-year-old girl, were also injured.

The attack happened hours before a riot broke out in the centre of the capital.

Mr Bouchaker, wearing glasses, a grey shirt, green jacket and green pants, spoke with his interpreter throughout the proceedings.

The judge considered the evidence of two consultant forensic psychiatrists working for the defence and prosecution, as well as Mr Bouchaker’s garda interviews in arriving at the decision.

Mr Justice Hunt said the defence’s position was that Mr Bouchaker was unfit to stand trial while the prosecution was contending he was fit.

The judge said both psychiatrists accepted that the accused had a neurocognitive disorder arising from neurosurgery in 2021 before the incident, and a subsequent brain injury sustained in 2023.

He said he had to consider Mr Bouchaker’s ability to plead to the charge, his ability to instruct a legal representative, his ability to mount a proper defence, ability to challenge a juror and ability to understand the evidence.

He said the Supreme Court had accepted that psychiatry is an “arcane discipline” and “not an exact science” that delivers “precise and unassailable diagnoses”, adding that a decision on fitness was ultimately a matter for the courts with the assistance of the expert opinions.

Mr Justice Hunt said the accused had sufficient understanding of his situation and the proceedings, had demonstrated ability to provide a coherent and consistent account, could understand the evidence and had the ability to offer a defence.

He said this could be done with “reasonable accommodations” to the proceedings which had been suggested by the prosecutor’s expert psychiatrist.

He said Mr Bouchaker’s ability to challenge a juror that may be known to him would be the most difficult area, but added that he was satisfied that this could be adequately addressed by warnings to potential jurors.

The judge said difficulties in the proceedings could be accommodated without undermining the fairness of process or the ability of the accused to take part.

Mr Justice Hunt said Mr Bouchaker “undoubtedly had cognitive limitiations” and accommodations would be needed, but added that the existance of those requirements did not equate to unfitness.

He said the defence had not discharged the burden of proving the accused was unfit and ruled Mr Bouchaker was “currently fit to stand trial”.

He said the matter would remain “under review” as the trial progress.

Mr Justice fixed a trial date for June 8.