Judge slams prison psychiatric system for inefficiently dealing with Offaly defendants

THE Governor of Cloverhill Prison, Kevin O'Connell, and Dr Brenda Wright, a consultant psychiatrist with the HSE, appeared during Wednesday last's sitting of Tullamore District Court having been summonsed by Judge Andrew Cody to answer his queries.

Judge Cody had summonsed Mr O'Connell and Dr Wright because he wanted them to explain why medical reports are not being prepared for people with mental health problems who are in custody on remand.

Judge Cody said there are five accused persons, “good decent people who are unwell”, that are currently before him in Tullamore District Court awaiting medical reports from Cloverhill Prison and the Dochas Centre, which is the women's prison in Mountjoy.

The previous week, January 7, the Judge said even “the dogs in the street” knew the defendants were genuinely unwell and described it as a “disgrace” that they had not received medical attention in the previous three to four weeks.

He referred to the case of one man, a 61-year-old who the Judge believes has dementia, who had been “thrown into Cloverhill and left there to rot. And who cares?”

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The cases of two of the five accused persons were also discussed during the January 14 court sitting.

In one of those cases, the court was told that when the accused, a young man, entered Cloverhill on remand the consultant psychiatrist on duty didn't meet with the accused face to face, at all.

The court was told that the psychiatrist examined the accused's file, and after looking at the file came to the conclusion that an in-person meeting with the accused wasn't necessary and no further intervention was needed.

The Judge said people were being put into prison because they were unwell and were receiving no treatment there, “not even an assessment. I'm fed up of people being dumped into prison.”

Mr O'Connell defended Cloverhill's record when it comes to its assessments of people with mental health difficulties on remand.

He pointed out that when people on remand come into prison they are seen by a GP immediately and the GP's assessment is then passed on to the psychiatrist.

Dr Wright, who is also a consultant psychiatrist with the Central Mental Hospital in Dublin, agreed with Mr O'Connell's remarks.

Judge Cody asked her a few questions about the assessment process. Dr Wright said the process is fit for purpose.

Judge Cody disagreed and said he was very unhappy with her responses. He said it was his opinion that the psychiatrist who decided that in-person meetings with the accused people were not necessary should be peer-reviewed because he or she wasn't doing their job properly.

After some more discussion with the Governor and the consultant psychiatrist, it was agreed that the five accused persons would undergo a more thorough admission process, including in-person meetings with psychiatrists, and then return to a future sitting of Tullamore District Court. This more thorough admission process will include fitness to plead reports.

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During the January 7 hearing, Brian Duffy, the defending solicitor of one of the accused, said his client's fitness to plead report had neither been completed nor commenced in Cloverhill. At the request of Mr Duffy, the Judge attached an order to the remand that the accused's legal aid cover the provision of a report from a consultant psychiatrist or forensic psychologist. Mr Duffy said he was having great difficulty in getting a private psychiatric report himself through the legal aid scheme.

Another man was before the court accused of damaging garda property and Judge Cody pointed out that in his case a medical report had been ordered “as a matter of extreme urgency”. However, a letter had been received saying he was “not on the case load of the prison.” That man's defence counsel, David Nugent, BL, said his client had been ignored and described him as an example of people with mental health issues who were “picking up charges and being brought before the court”.

The court heard the man had been in custody since December 18 and had not been seen “by anybody” despite the court ordering a report.

Defending solicitor Aisling Maloney told the court that a psychiatrist reviewed her client's file and said “my client was ok and there was no need for an in-person meeting.”

The father of this client also spoke to the Judge. He said his son's mental health can reach “a crisis mode. When that crisis comes then trouble breaks out." He said that after the Guards arrested his son “it was six days before I was allowed to speak to him on the phone in Cloverhill." On the positive side the father pointed out that his son has been “a model prisoner” since entering Cloverhill. He is in good spirits. I guarantee you that right now he would pass any psychiatrist's examination.”

Judge Cody told the father that his son will now have a proper assessment in Cloverhill and will be video-linked with the next sitting of Tullamore Court on January 21.

Defence Counsel David Nugent, BL, asked for a private psychiatric report for his client and for the extension of legal aid to cover the provision of a psychiatric report. Speaking to Mr Nugent's client via video link, Judge Cody said a private assessment is being arranged “and your case will then be before the court once again, next Wednesday January 21."

The Judge prohibited the publication of names and addresses of the accused people.