A judge has refused jurisdiction on a separate charge faced by a man who is currently in custody and awaiting a psychiatric report.
The man, who cannot be named for legal reasons, has been in custody since December 2025. He is charged with alleged possession of an article capable of causing injury, contrary to Section 9 (5) of the Firearms and Offensive Weapons Act 1990, as well as allegedly making a threat to kill or cause serious harm, contrary to Section 5 of the Non-Fatal Offences Against the Person Act, in relation to an alleged incident on 14 December 2025.
The case has come before Waterford District Court a number of times since last December, with the accused’s solicitor Ken Cunningham previously telling the court that he is ‘unable’ to take instruction from his client in relation to a plea due to a delay with the preparation of a psychiatric report.
The man appeared in court again before Judge John Cheatle at the end of last month via video link, where details of a separate charge involving alleged assault causing harm, contrary to Section 3 (1) and (2) of the Non-Fatal Offences Against the Person Act were outlined.
Mr. Cunningham firstly told the court that it is a “troubling and complicated case” where the accused is awaiting a psychiatric report that is “not even in the process yet.”
It was noted also that jurisdiction on the other alleged charges was previously accepted, meaning they can be heard at the District Court.
For the purpose of jurisdiction, Sergeant John Phelan told the court that on 10 December 2025, it is alleged that the accused attempted to “strangle and choke” a male nurse at University Hospital Waterford (UHW) while seeking treatment there.
The accused allegedly had a “strong grip” on the nurse’s neck and had to be restrained with the assistance of other staff members, Sgt Phelan said. The nurse had to seek medical attention as he was unable to breathe following the alleged incident.
Mr. Cunningham said the outline of the facts was on the ‘border’, and there were no injuries such as broken bones arising from the incident. Sgt. Phelan said the State is seeking a medical report in relation to alleged injuries received by the nurse, but this can be delayed.
Judge Cheatle decided to refuse jurisdiction in the case, meaning it will be directed to a higher court.
Funded by the Court Reporting Scheme
Robyn Power
