Disturbed man was 'unlawfully kept in jail'
Saturday January 26 2008
A HIGH Court judge yesterday ordered the release of a disturbed homeless man who has been sleeping in a garda station because accommodation is unavailable for him.
The judge also invited lawyers for the man to sue the State for alleged breaches of his human rights.
The man was charged with public order offences and had to be held in a garda station because of the lack of beds in the Central Mental Hospital. However, despite yesterday's order he remains at Roxboro Road Garda Station as the hospital is still unable to take him.
The proceedings might lead to the State enacting laws to deal with the problems raised by the case, particularly the non-availability of beds in the Central Mental Hospital for persons sent there by the courts for detention and assessment, the judge said.
Mr Justice John Edwards said there had to be a "Plan B" when such emergencies arose. This was an important issue in the public interest, the interest of the CMH and the criminal justice system, he said.
"Something has to be done about this," the judge declared.
Rights
The judge made the comments after finding Mr Ughamadu had been unlawfully detained in a cell for more than a week in a Limerick garda station despite a District Court order for his detention in the CMH.
After being earlier told by the director of the CMH there was not only no bed for Mr Ughamadu, there was also a waiting list of eight seriously ill people for beds and a "serious" resources problem, Mr Justice Edwards said it seemed Ireland could potentially be in breach of the man's rights.
He invited counsel for Mr Ughamadu to amend judicial review proceedings in the case to include claims that Ireland is in breach of the relevant provisions of the European Convention on Human Rights.
He also joined Ireland and the Attorney General to the action to address the claims, including for damages for alleged breaches of rights.
Handcuffs
Mr Ughamadu, escorted by gardai, was in court, initially in handcuffs until the judge ordered their removal, and appeared very distressed.
At one stage, he lay prone on the floor of the courtroom. Ms Kennedy said she had been unable to take instructions from him and was very concerned about his mental state.
John Hogan, a solicitor for the DPP, said that it was accepted there was no legal basis for Mr Ughamadu's detention in Roxboro Road Garda Station.
The court heard Limerick District Court made an order that Mr Ughamadu, who was up on public order offences arising from allegedly trying to get into a crib in the Redemptorist Church in Limerick, be sent to the CMH for detention for psychiatric assessment. Mr Ughamadu is also facing charges under the Immigration Acts.
In evidence to the High Court yesterday, CMH director Harry Kennedy said there was no evidence of a mental disorder on the part of Mr Ughamadu.
- Tim Healy
