The fitness to plead hearing in respect of Parnell Square school stabbing accused, Riad Bouchaker (52) has resumed before Mr. Justice Tony Hunt at the Central Criminal Court.
Bouchaker, who says he came to Ireland as an asylum seeker from Algeria approximately 20 years ago, is accused that, on the 23rd of November 2023 outside Gaelscoil Choláiste Mhuire on Parnell Sq. Dublin 1, 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.
This afternoon, consultant forensic psychiatrist at the Central Mental Hospital, Dr. Paul O’Connell on behalf of the prosecution, said that it is his opinion that the accused, while suffering from significant cognitive impairments, is fit to plead as he has shown an ability to explain what happened to him on the day in question, and that “he understands the difference between guilty and not guilty.”
This is at odds with the opinion of the defence psychiatrist, who cannot be named by court order, who argued that the accused is not fit to plead.
Dr. O’Connell said that the accused was able to provided “quite a detailed account of his thinking and his frame of mind at the time of the incident,” and that he “repeatedly” referred back to a specific incident which was on his mind at the time of his alleged offending.
Dr. O’Connell told the court that when he was assigned to the case he had expected to agree with the defence’s position that the accused is not fit to plead, but was surprised by the level of engagement Bouchaker had provided during a Garda interview, the recording of which both expert witnesses reviewed, as well as during his own interviews with the accused.
Dr. O’Connell argued that Bouchaker is “aware that he had a defence solicitor” and that he “had quite clearly”, “maybe a simple knowledge of what a defence solicitor is,” and was aware that this was “for his benefit”.
He said that, when interviewed, the accused “appeared attentive” and “pleased at opportunity to discuss his case”, and that he had indicated that he wish to have “more” contact with his solicitor, although he confused the surname of the practitioner.
“It struck me that he was able to react, respond,” and make it so that his “position was clear”, Dr. O’Connell argued, adding that these observations were “a matter for ordinary common sense” rather than something to be understood with the benefit of expert analysis as, in his opinion it came down to whether the account provided by the accused “makes sense or not”.
In contrast to this, the defence’s psychiatrist argued that the accused does not have the cognitive ability necessary “to be able to instruct a legal representative” and is not able to “know that he has choices in court and be able to weigh them up,”.
She also argued that he couldn’t give a coherent account of what had taken place on the day and that he would be likely to “confabulate” and “add in” pieces of information to fill gaps in his memory.
The defence’s psychiatrist also argued that “due to his mental disorder, he doesn’t understand the seriousness of the offence,” although, “these charges are very serious matters.” She indicated that she had been unable to score Bouchaker on a Luria cognitive test which is failed at a rate of 0-2%.
The court previous heard that the accused is now suffering from moderate cognitive dysfunction due to brain trauma he received when members of the public intervened in the alleged incident, and that prior to his he had a more mild form of cognitive dysfunction due to complications which arose from the surgical removal of a brain tumour.
Mr. Justice Hunt commented that “we wouldn’t be having the conversation we are having over the past few days if it wasn’t for the injury” the accused had sustained during the alleged incident.
The fitness to plead hearing is to resume at the Central Criminal Court at 2 pm tomorrow.