A Waterford solicitor has said that he is ‘unable’ to take instructions in relation to a plea from his client due to a delay with the preparation of a psychiatric report.
Speaking at a sitting of Waterford District Court before Judge John Cheatle in April, solicitor Ken Cunningham told the court that his client, who is charged with alleged assault causing harm and a threat to kill or cause serious harm, contrary to Sections 3 and 5 of the Non-Fatal Offences Against the Person Act, as well as possession of an intimidation handgun, contrary to Section 9 (5) of the Firearms and Offensive Weapons Act, is currently on a waiting list for a bed in the Central Mental Hospital (CMH).
The charges faced by his client relate to two separate alleged incidents in Waterford city in December 2025, and Mr. Cunningham said that the accused has been in custody since 15 December. The case has come before the District Court a number of times since then, and the court has heard that there are delays with the preparation of psychiatric reports on prisoners due to capacity issues with psychiatrists.
Sergeant Michael Hickey told the court that the Director of Public Prosecutions (DPP) had indicated that the Section 5 and 9 charges could be dealt with in the District Court if a guilty plea was indicated, but that directions were still awaited for the alleged assault causing harm charge.
However, Mr. Cunningham said he is unable to take a plea from his client due to “severe underlying mental health issues”, noting that it’s “impossible to take instructions from the accused in the absence of an appropriate psychiatric report.”
The solicitor highlighted that a report from a prison doctor confirmed that the accused is currently on a waiting list for the CMH, but that the case will have to be put back while a psychiatric report and directions for the other charge are still awaited.
Judge Cheatle remanded the accused in custody.
Funded by the Court Reporting Scheme
Robyn Power
