A Waterford judge recently said there is “no question” that a man currently in Cork Prison needs psychiatric intervention, as a mental health evaluation on him was deemed unavailable for the fourth time.
The man, who cannot be named for legal reasons, appeared before Judge Kevin Staunton in court via video link at the beginning of March. He is charged with a threat to kill or cause serious harm, contrary to Section 5 of the Non-Fatal Offences Against the Person Act 1997. This related to an alleged incident that occurred at Sara Technology, Broad Street, Waterford, on 14 December 2025.
Sergeant John Phelan firstly outlined that directions in the case are still being awaited from the Director of Public Prosecutions (DPP).
Solicitor Ken Cunningham, who was representing the accused, indicated that when his client last appeared in court before Judge Paula Murphy in February, she had requested for a psychiatric report to be prepared on an urgent basis, due to ‘grave’ concerns from his family about his mental health.
At the previous court sitting in February, it was stated that this was the third time a psychiatric report was deemed unavailable, and in addition to urgently expediting it, Judge Murphy requested the assistance of the Prison Governor in providing an explanation about why it had not been completed.
Mr. Cunningham said that the accused’s sister, who was present in court, had engaged with the medical unit of Cork Prison, and they had indicated that the report had not been completed yet due to capacity issues with psychiatrists.
Judge Staunton said there is “no question” that the man needs psychiatric intervention, and Mr. Cunningham indicated that not much could be done in the absence of directions in the case. The Judge then added that there are “serious question marks” over the man’s fitness to plead.
The man’s sister then addressed Judge Staunton, and became visibly emotional as she spoke.
She said it is clear that “he has completely lost his mind” and “he used to be very kind” but has changed as he has not been able to access mental health treatment while in custody.
She stated that she was told by the prison’s medical staff that she had to wait for the psychiatric report to be completed.
After acknowledging it as an “intolerable situation”, Judge Staunton said that he would put the matter back to 12 March next, for entry against the state due to a lack of directions being available.
The Judge then said that “it appears the only way we can get him treatment is to grant him bail” and added that he might be ‘amenable’ to reopening the question of it, as bail was previously refused for the man when the matter was first brought before the court.
The man has been in custody since the aftermath of the incident in December 2025.
Judge Staunton put the matter back to 12 March, where he said that the court will try to make progress, and that the case “must be prioritised.”
Funded by the Court Reporting Scheme
Robyn Power
