‘Man with mental health issues should not be in jail’

A solicitor has told Sligo District Court that a young man with mental health issues should be in hospital and not in jail.

Mr Gerard McGovern, solicitor told Judge Kevin Kilrane at last Thursday’s sitting of the District Court that it was a terrible indictment of the country that Philip Lyons of Kestrel Drive, Kevinsfort was locked up in prison.

“He should be in hospital,” he said. Lyons (27) had been an involuntary patient at the Sligo/Leitrim Mental Health Services at Clarion Road but it was alleged he had assaulted patients and staff there and had been brought before the courts.

He had been charged before a summer vacation sitting in Donegal and remanded in custody.

He is charged with three counts of assault at the mental health services on September 20 th 2016, July 27 th and July 6 th last. It is alleged Lyons fractured the skull of one patient for which he is facing a charge of assault causing harm.

Mr McGovern said it was a very sad and awful situation. When at the Donegal court on August 2nd he had been under the impression the accused would be brought to the Central Mental Hospital in Dublin having been remanded in custody but this didn’t happen.

“He has been in prison since. The reports are done. The system is letting him down. He should not be in prison. There is no bed I understand in the Central Mental Hospital for him. It’s a very serious situation,” said Mr McGovern.

Judge Kilrane said that in the normal way the accused should be either in hospital in Dublin or Sligo.

Mr McGovern said it was his opinion that the accused was still an involuntary patient in St Columba’s, Sligo.

Sergeant Gerry Moylan told the court there was no secure facility at St Columba’s to deal with the accused. There has been incidents of assault on staff and patients and he was likely to re-offend, he said. Lyons was on a waiting list for the Central Mental Hospital.

Lyons told the court he was sorry for what he had done and would not re-offend. He would prefer to go back to St Columba’s and didn’t want to return to Cloverhill Prison.

“I’ ll be on my best behaviour. I won’t attack anyone,” he said.

Dr Owen Mulligan, Sligo Mental Health Services, told the court that the incidents of violent, aggressive or harassment behaviour were increasing with the accused. There were 13 such matters up to July this year. The alleged fracturing of another patient’s skull was the most serious.

Judge Kilrane said he had a degree of sympathy for the hospital which had a duty of care to its staff and patients. The best place for the accused was the Central Mental Hospital.

“I’m very sorry but for the good of everyone including yourself you need to be back in the Central Mental Hospital and the only route is through the criminal justice system,” the Judge told Lyons who was remanded to Cloverhill for two weeks.