Psychiatric assessment sought for pensioner accused of 53 sex offences in Donegal

The State has sought to have a pensioner awaiting trial for alleged sex offences assessed by a psychiatrist. 

The man, who is in his late 80s and cannot be named for legal reasons, is accused of 53 of historic sexual offences in County Donegal.

The series of alleged incidents relate to dates between 1988 and 1999 and there are six complainants in the matter.

The matter was listed at the latest sitting of Letterkenny Circuit Court where Barrister Ms Róisín Haughey BL said that the man - who appeared via video link from Castlerea Prison - is “unfit for trial”.

Ms Haughey told Judge John Aylmer that the State now wants the man to be examined as well.

“That has not taken place despite umpteen efforts to try to get a specialist report,” she told the court. 

Judge John Aylmer was informed that a psychiatrist is “llined up” for April.

Barrister for the State, Ms Fiona Crawford BL, asked for the matter to be adjourned until the May sitting of Letterkenny Circuit Court to allow the report be carried out.

Ms Haughey said this request “makes sense” and the matter was adjourned by Judge Aylmer.

Last year, the man was remanded in custody when Judge Roderick Maguire deemed that he showed an “ongoing, flagrant breaches” of the Sex Offenders Act, 2001 as well as a failure to adhere to terms of his bail.

The defendant, who now lives in Northern Ireland, was alleged to have jetted off for a sun holiday without notifying the authorities. 

Gardai said that the man also failed to notify them of a change of address while he had failed to sign on at a Garda station in Donegal for almost six years.

An issue of the man’s capacity is a “parallel and separate” matter to the issue of his compliance with obligations, the court was told at that time.

Mr Nolan told a previous court sitting that the delay in the case has been due to the State not having the man assessed to determine his cognitive impairment.

Mr Nolan said that the man “just about had a grip on reality”, citing “cognitive impairment and various other reasons”.