The man charged with attempting to murder three children and assaulting a care worker on Parnell Square in Dublin in 2023 is suffering from a mental disorder and is unfit to stand trial, his lawyers have argued before the Central Criminal Court.
On Thursday, a consultant forensic psychiatrist said the accused man, Riad Bouchaker, who has a complex medical history, had suffered a brain injury “in the course of members of the public intervening” on the day of the alleged offence. He had surgery on his brain some years before.
Mr Bouchaker (51), of no fixed abode, is charged with the attempted murder of two girls and one boy, as well as with assault causing serious harm to a care worker. He is also charged with three counts of assault causing harm to two other young children and a passerby, who had intervened to assist, as well as one count of the production of a knife.
The incident occurred at Parnell Square East on the afternoon of November 23rd, 2023.
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At the outset of Thursday’s hearing, prosecuting barristers Karl Finnegan SC and Carol Doherty told Mr Justice Tony Hunt that the defence had brought an application as to the fitness of Mr Bouchaker to stand trial.
Counsel said there was a divergence between two expert witnesses in the case.
There was CCTV footage showing what appeared to be an attack on a line of children who were about to progress to their creche, counsel said. He said when the creche manager became aware of the alleged attack on the children, she had shouted and moved to protect them but suffered a stab wound.
Mr Finnegan said four children had suffered stab wounds that day and one of them had life altering injuries. He said the scene was “one of chaos” at the time and emergency services were called.
Counsel said the court would hear that Mr Bouchaker had a brain injury from a benign tumour some years ago. He said the accused was also found to have suffered a brain injury “in the course of members of the public intervening”.
A knife, the barrister said, was recovered from the scene and the accused was brought to the Mater hospital where he remained for 28 days. Mr Bouchaker was arrested on December 20th, 2023, and interviewed by gardaí.
A senior counsel acting for Mr Bouchaker asked the court to renew the District Court order, where legal representatives for the accused were prohibited from being named.
Mr Justice Hunt made that order and further outlined that the identities of the doctors giving evidence were also not to be named in media reports. The judge added: “In the circumstances of this case, I don’t want to run any risk of anyone coming to misguided harm because they are doing a job that someone has to do.”
A lawyer for Mr Bouchaker said it was agreed between the parties that no one is canvassing for the defence of not guilty by reason of insanity.
A consultant forensic psychiatrist told Mr Bouchaker’s senior counsel that she had interviewed the accused man on five occasions over the last two years in the presence of an Arabic interpreter. She had access to the accused’s medical records.
During their meetings, Mr Bouchaker told the psychiatrist that he was born in Algiers in Algeria and that his father suffered from mental health difficulties.
The doctor said it seemed Mr Bouchaker “didn’t have the capacity to understand the serious nature of the charges or the matters before the court.”
The psychiatrist noted that at the time of the offence, the accused met the criteria for mild cognitive impairment but on assessment now has a moderate mental disorder as defined in the Criminal Law Insanity Act 2006.
Regarding the accused’s fitness to stand trial, the doctor said he is suffering from a mental disorder and is unable by reason of that disorder to plead to the charge, understand the nature and course of the proceedings, instruct legal representatives, mount a defence, understand evidence or to challenge a juror if needed.
She agreed that Mr Bouchaker’s only possible destination in the medium-to-long term would be the Central Mental Hospital.
The hearing was adjourned until January 19th.
