Riad Bouchaker, who is facing charges of assaulting a care worker and attempting to murder three children at Parnell Square in Dublin, is suffering from a mental disorder and is not fit to stand trial, his legal team has told the Central Criminal Court.
A consultant forensic psychiatrist also told the court that the accused, who has a complicated medical background, sustained a brain injury “in the course of members of the public intervening” on the day of the alleged attack and had previously undergone brain surgery some years earlier, reports RTE.
The defence expert further said that if the court determines Mr Bouchaker is unfit to stand trial, he would be subject to reviews every six months by the mental health criminal law review board.
Mr Bouchaker, 51, of no fixed address, is charged with the attempted murder of two girls and one boy, as well as assault causing serious harm to a care worker, reports RTE.
He also faces three charges of assault causing harm to two other young children and a passerby who intervened to help, along with one charge relating to the production of a knife.
The alleged incident took place at Parnell Square East on the afternoon of 23 November 2023, reports RTE.
At the beginning of today’s hearing, Karl Finnegan SC, instructed by Carol Doherty BL for the prosecution, told Mr Justice Tony Hunt that the defence had brought an application regarding Mr Bouchaker’s fitness to stand trial.
Counsel said there was a difference of opinion between two expert witnesses in the case as to whether the accused was fit to stand trial, reports RTE.
Mr Finnegan said CCTV footage showed what appeared to be an attack on a line of children who were about to enter their crèche.
He said that when the crèche manager became aware of the alleged assault on the children, she shouted and moved to shield them but suffered a stab wound, reports RTE.
Counsel told the court that four children sustained stab injuries that day and that one child suffered life-altering injuries.
He described the scene as “one of chaos”, with emergency services called to respond, reports RTE.
Mr Finnegan said the court would hear evidence that Mr Bouchaker had suffered a brain injury caused by a benign brain tumour several years ago, and that he also sustained a further brain injury “in the course of members of the public intervening” on 23 November.
The barrister said a knife was recovered at the scene and that the accused was taken to the Mater Hospital, where he remained for 28 days, reports RTE.
Mr Bouchaker was arrested on 20 December 2023 and subsequently interviewed by gardaí.
Following this, senior counsel for Mr Bouchaker applied to have a District Court order renewed, preventing the naming of the accused’s legal representatives, reports RTE.
Mr Justice Hunt granted the application and also directed that the identities of the doctors giving evidence should not be reported in the media.
He said: “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”, reports RTE.
A lawyer for Mr Bouchaker told the court it was agreed by both sides that the defence of not guilty by reason of insanity was not being pursued.
A consultant forensic psychiatrist told senior counsel for Mr Bouchaker that she had interviewed him on five occasions over the past two years, with the assistance of an Arabic interpreter, reports RTE.
She said she had reviewed extensive medical records relating to the accused, including files from the Mater, Beaumont and National Rehabilitation hospitals.
During their meetings, Mr Bouchaker told her that he was born in Algiers, Algeria, and that his father had mental health difficulties, reports RTE.
The psychiatrist said the accused had a complex medical history, including epilepsy, a tumour in the left temporal lobe of his brain, and complete blindness in his right eye.
She told the court he underwent surgery for a benign brain tumour in 2021, and that a bone flap was later removed due to infection, reports RTE.
The witness explained that this meant part of his skull is missing, leaving a section of his brain without protective covering.
She said his seizures were linked to a failure to comply with medication, reports RTE.
During the interviews, the psychiatrist said she formed the view that Mr Bouchaker “didn’t have the capacity to understand the serious nature of the charges or the matters before the court”.
She said he struggled to concentrate on questions put to him, reports RTE.
The psychiatrist said his judgement was impaired and that his speech could be erratic, inconsistent and difficult to comprehend.
She told the court that the accused had moderate dementia caused by a combination of a brain injury and a brain tumour, reports RTE.
She said the head injury was sustained on 23 November 2023, while surgical intervention on his brain had taken place several years earlier.
She also said the accused developed epilepsy and that his left temporal lobe was affected prior to November 2023, adding that she found no evidence of epileptic automatism, reports RTE.
“The trauma is on the tip of the site where his skull was already removed from previous surgery,” she said of the injury sustained on 23 November 2023, reports RTE.
The psychiatrist said that at the time of the alleged offence, Mr Bouchaker met the criteria for mild cognitive impairment, but that he now has a moderate mental disorder as defined under the Criminal Law Insanity Act 2006.
Addressing his fitness to stand trial, she said he is suffering from a mental disorder and, as a result, is unable to plead to the charges, understand the proceedings, instruct lawyers, mount a defence, understand evidence or challenge a juror if required, reports RTE.
She told the court that the accused was unlikely to show significant improvement and would probably remain heavily dependent on medical care, nurses and ongoing treatment.
The psychiatrist agreed that the only realistic medium- to long-term placement for Mr Bouchaker would be the Central Mental Hospital, reports RTE.
She said that if admitted to the CMH under these circumstances, he would be treated by a multidisciplinary team.
The defence expert said that if the accused is found unfit to stand trial, his case would be reviewed every six months by the mental health criminal law review board, reports RTE.
The hearing was adjourned until 19 January, with the accused remanded in custody until that date.
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