Psychiatric report finds defendant unfit to plead - The Munster Express

Psychiatric report finds defendant unfit to plead News The Munster Express

Waterford District Court recently heard that ‘significant progress’ has been made in the case of a man found to be unfit to plead following a psychiatric report.

The man, who has been remanded in custody since December 2025, is before the court on charges including two alleged counts of possession of an imitation handgun, contrary to Section 9 (5) of the Firearms and Offensive Weapons Act, and allegedly making a threat to kill or cause serious harm, contrary to Section 5 of the Non-Fatal Offences Against the Person Act. The charges relate to an alleged incident that occurred at Sara Technology, Broadstreet, Waterford city, in December 2025.

He was previously sent forward for trial to the Circuit Court on a separate charge of assault causing harm, contrary to Section 3 of the Non-Fatal Offences Against the Person Act, which related to an alleged incident that also occurred in December 2025 at University Hospital Waterford.

The court has heard on multiple occasions from the man’s solicitor Ken Cunningham, that there are significant concerns relating to his mental health and fitness to plead. A psychiatric report was prepared as a result of this, which took a number of months to be completed.

At a court sitting earlier this month, Mr. Cunningham shared that ‘significant progress’ was made on the completion of the report. The solicitor said that the accused was found to be ‘well enough’ to understand his actions at the time of the alleged offences but was ‘not fit’ to enter a plea and understand the overall process of the court proceedings.

Mr. Cunningham added that the report found overall that because of the accused’s ‘severe’ underlying mental health issues, he is not fit to stand trial. As he has already been sent forward to the Circuit Court on one charge, the question of his fitness to plead in that case would have to be decided by a jury.

However, the solicitor said that he was ‘concerned’ due to the fact that the accused has been in custody since last December, and has now reached the ‘natural expiry’ of the maximum that could be imposed by the District Court for these charges.

Sergeant Michael Hickey said that the DPP indicated summary disposal in the case on a guilty plea only, but that he had received consent for the man to be sent forward to the Circuit Court without this in order for a jury to determine his fitness to plead.

Judge Staunton replied that the ‘difficulty’ with this was that the DPP instructed for a plea to be entered, and the man was found to be unable to do this. The judge indicated that the case must be sent forward to the Circuit Court as a result.

Mr. Cunningham mentioned that the next sittings of the Circuit Court in Waterford are not due to begin until 6 October next, but he would expect the man’s case to get ‘priority’ before Christmas.

Sgt Hickey added that he additionally received consent from the DPP for the man to be sent forward on these charges without a book of evidence, but was requested for the matter to be adjourned for two weeks to ‘seek clarity’ on this.

Judge Staunton told the accused that ‘considerable progress’ had been made in his case, meaning it is now ‘coming near an end’.

The judge remanded the accused in custody to appear before the court again via video link today, 22 September 2026.

Funded by the Court Reporting Scheme Robyn Power - Munster Express Submit a Comment Cancel reply Your email address will not be published. Required fields are marked *

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