Judge to watch Bouchaker Garda interviews
The fitness to plead hearing of the Parnell Sq. school stabbing accused, Riad Bouchaker (52), has been adjourned until the 20th of February to allow Mr. Justice Tony Hunt to watch videos of Garda interviews of the accused.
The case is to be mentioned on the 3rd of February, for counsel only, to allow both parties to be updated on the court’s progress in viewing the video evidence.
Today, on behalf of the State, Dr. Paul O’Connell continued giving evidence in which he affirmed his position that the accused is fit to plead in the case.
Amid robust cross examination from the defending counsel – who cannot be named by order of the court due to safety concerns – Dr. O’Connell argued that the accused, who was present in court and was aided by an Arabic interpreter, has an understanding of the difference between ‘guilty and not guilty’, however counsel argued that this was not enough to establish that he had the cognitive abilities necessary to understand the implications of such pleas.
Dr. O’Connell disagreed with a characterisation of the accused’s current cognitive state of “moderate dementia” submitted by the defence’s expert witness – who also cannot be named by order of the court due to safety concerns – saying that this inferred that he is in a state of mental decline, when in Dr. O’Connell’s view, his cognitive abilities have “stabilised” since his secondary brain injury.
Both expert witnesses agree that the accused, although having sustained a secondary brain injury in the course of the alleged offending, knew the difference between right and wrong and that he is facing serious charges.
While the defence contends that Bouchaker is not fit to stand trial, the prosecution argues that he would be able to partake in a trial if extraordinary conditions where put in place such as a support person with fluency in Arabic, that distractions be limited in the court room, such as limiting the numbers of those present who are not directly involved in the case, and that breaks be taken in the evidence giving before the jury every 15 minutes to allow for the accused’s reduced attention span.
In response to recommendations that Bouchaker might be able to engage with a trial were it held in more controlled circumstance with fewer distractions, similar to those of the Garda interviews, Mr. Justice Hunt said that the court does have powers to limit the amount of people present in the court if necessary.
“I have powers to reduce the attendance,” he said, adding, “If it every does go so far as him giving evidence, he’s not going to be confronted with a large number of gawkers at the back of the room.”
With regard to the scope of the decision before the court as to whether the accused is fit to enter a plea, Justice Hunt said, “I’m not conducting some grand scale enquiry into his medical condition generally.”
Today’s hearing was the third day of the fitness to plead procedure, with the court attended by one of the alleged victims, creche manager Leanne Flynn.
The accused is charged that on the 23rd of November 2023 he attempted to murder of a male child, attempted to murder two female children, and caused serious harm to a care worker.
He was also charged with assault causing harm in respect of another male child, assault causing harm in respect of a female child, assault causing harm in respect of a French national, and one count of production of a 36cm kitchen knife.
