Riad Bouchaker, who is charged with assaulting a care worker and attempting to murder three children at Parnell Square in Dublin just over two years ago, is fit to enter a plea and stand trial, a consultant forensic psychiatrist for the State has told a hearing at the Central Criminal Court, reports RTE.
The expert witness told Mr Justice Tony Hunt that despite the accused having a serious neurocognitive disorder, he is satisfied that Mr Bouchaker can be accommodated at trial, where questions can be repeated, simplified or framed as closed questions, reports RTE.
The prosecution psychiatrist said he is satisfied that the accused understands the serious charges he faces, appreciates the range of pleas available to him and is capable of mounting a proper defence.
The court is considering whether Mr Bouchaker, who is 51 and of no fixed abode, is fit to stand trial. The hearing was told before Christmas that there is “a divergence” between the opinions of psychiatrists for the defence and the State on this issue, reports RTE.
Last month, lawyers representing the accused argued that their client was suffering from a mental disorder, specifically moderate dementia, and was therefore unfit to stand trial.
The court heard there was CCTV footage showing what appeared to be an attack on a group of children who were about to enter their creche. Prosecuting counsel Karl Finnegan said that when the creche manager became aware of the alleged attack, she shouted and moved to protect the children but suffered a stab wound, reports RTE.
Mr Finnegan said four children sustained stab wounds that day and one child suffered life-altering injuries. He told the court the scene was “one of chaos” at the time and that emergency services were called.
The court has also heard that the accused has a complex medical background. He underwent surgery for a benign brain tumour in 2021 and later had part of his skull removed due to infection. The hearing was told he also suffered a brain injury on the day of the alleged offence in November 2023 when members of the public intervened, reports RTE.
A consultant psychiatrist for the defence told the court she did not believe Mr Bouchaker was fit to stand trial, as he was unable to understand and properly weigh the plea options available to him and had significant difficulties with attention and concentration.
However, the State’s expert witness said he was not minimising the seriousness of the accused’s medical history but said this was a separate issue from the question of entering a plea. He said Mr Bouchaker could be kept “on target” and participate in the trial through appropriate measures such as repeating questions and using closed questions, reports RTE.
The State psychiatrist said that although the accused has significant difficulties, he found Mr Bouchaker was capable of understanding choices and could weigh up what occurred on the day in question.
The case is due to continue tomorrow, reports RTE.
Mr Justice Hunt said he wanted submissions from both the prosecution and the defence, as well as expert evidence, to assist him in providing a rational justification for whatever conclusion he reaches.
The judge has ordered that the legal representatives for the accused and the identities of the doctors giving evidence are not to be named in media reports, reports RTE.
Mr Bouchaker is charged with the attempted murder of two girls and one boy, as well as assault causing serious harm to a care worker on 23 November 2023.
He also faces three counts of assault causing harm to two other young children and a passerby who intervened to help, along with one count relating to the production of a knife, reports RTE.
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