A High Court judge has invited lawyers for a homeless man to sue the State for alleged breaches of his human rights after being charged with public order offences arising from his allegedly trying to sleep in a crib in a church.
Mr Justice John Edwards yesterday said John Ughamadu (25), a Nigerian national, may be entitled to damages for possible breaches of his rights under the European Convention on Human Rights.
The proceedings might lead to the State enacting laws to deal with the problems raised by the case, particularly the non-availability of beds in the Central Mental Hospital in Dundrum for persons sent there by the courts for detention and assessment, the judge added.
There has to be a "Plan B" when such emergencies arise, the judge said. This was an important issue in the public interest, the interest of the CMH and the criminal justice system. "Something has to be done about this," the judge declared.
The judge made the comments after finding Mr Ughamadu has been unlawfully detained in a cell for more than a week in a Limerick Garda station because there is no bed for him in Dundrum despite a District Court order for his detention and assessment there.
The judge said he would order his release but, because Mr Ughamadu is homeless, concerns about his health and to protect his "human dignity", he would put a stay on the release order and direct he remain in Roxboro Road Garda station in Limerick while emergency accommodation is urgently arranged for him by the housing services pending a District Court appearance next Wednesday.
He would not free Mr Ughamada now as he could end up "in the gutter" but it was "wholly undesirable" that he should remain in the Garda station until Wednesday, the judge said.
After being earlier told by the director of the CMH there was no bed for Mr Ughamadu, a waiting list of eight seriously ill people for beds and a "serious" resources problem, Mr Justice Edwards said it seemed Ireland could potentially be in breach of the man's rights under the Constitution and the European Convention on Human Rights.
He told Isabel Kennedy SC, for Mr Ughamadu, he was inviting her to amend her judicial review proceedings in the case to include claims that Ireland is in breach of the relevant provisions of the ECHR.
He also joined Ireland and the Attorney General to the action to address the claims, including for damages for alleged breaches of rights.
The judge was dealing with proceedings under Article 40 of the Constitution challenging the legality of the man's detention and with parallel judicial review proceedings arising from his treatment to date. Mr Ughamadu, escorted by gardaí, was in court, initially in handcuffs until the judge ordered their removal, and appeared very distressed.
At one stage, he lay prone on the floor of the courtroom. Ms Kennedy said she had been unable to take instructions from him and was very concerned about his state.
At the outset, John Hogan, a solicitor for the DPP, said it was accepted there was no legal basis for Mr Ughamadu's detention in Roxboro Road Garda station.
The court heard Limerick District Court judge Tom O'Donnell had last week made an order that Mr Ughamadu, who was before him on public order offences arising from allegedly trying to get into a crib in the Redemptorist Church in Limerick, be sent to the CMH for detention for psychiatric assessment. Mr Ughamadu is also facing charges under the Immigration Acts. However, the CMH was unable to take him and he remained in Roxboro Road Garda station.
Judge O'Donnell on Thursday described the situation as "disgraceful" and said Mr Ughamadu's human rights were being continually abused.
In evidence to the High Court yesterday, Dr Harry Kennedy, director of the CMH, said he had concluded, after a 10-minute examination of Mr Ughamadu outside court earlier, and having studied two detailed reports on him, there was no evidence of a mental disorder. He agreed it was preferable to observe a person over a period of time.
When Mr Justice Edwards asked was there a "plan B" to address a situation where mentally ill persons arrived at the hospital on foot of court orders for their detention for assessment, Dr Kennedy said he has to deal "all the time" with a long waiting list of persons who are so acutely ill they could not be catered for by psychiatric services in prisons.
Mr Justice Edwards said Mr Ughamadu may be "genuinely distressed" or be "faking" but "something has to be done".
