Judge to rule on Parnell Square attack accused's fitness to stand trial next month

Eoin Reynolds

A judge intends to rule next month on whether Riad Bouchaker, who is charged with assaulting a care worker and attempting to murder three children on Parnell Square in Dublin, is fit to enter a plea and stand trial.

Mr Justice Tony Hunt has spent three days at the Central Criminal Court hearing evidence from two psychiatrists who differ on whether Mr Bouchaker (51) has the cognitive ability to instruct his legal team, enter a plea and engage in the trial process.

A consultant psychiatrist called by the prosecution said that despite the accused having a serious neurocognitive disorder, he can be accommodated at trial, where questions can be repeated, made simpler or closed questions put to him.

He said Mr Bouchaker understands that he is charged with a serious offence, knows the difference between right and wrong, and is capable of entering a plea and instructing his solicitors.

The psychiatrist said Mr Bouchaker understands the difference between a guilty and a not guilty plea.

However, a consultant psychiatrist called by the defence said Mr Bouchaker is "utterly cognitively incapable" of understanding the choice between a guilty or not guilty plea.

She said he does not understand that he can engage in the trial process, does not understand the seriousness of the charges and is capable of understanding moral matters only in an "extremely basic way".

Having heard the conflicting evidence, Mr Justice Hunt on Tuesday said he wants to view videos of Mr Bouchaker's garda interviews, which formed part of the bases for the psychiatrists' findings.

The court will convene again on February 3rd when Mr Justice Hunt said he will have viewed the videos and will hear from counsel for each side. He said he intends to deliver judgment on February 20th.

The judge has ordered that legal representatives for the accused and the identities of the doctors giving evidence are not to be named in media reports.

Mr Bouchaker, of no fixed abode, is charged with the attempted murder of two girls and one boy, as well as with assault causing serious harm to a care worker.

He is also charged with three counts of assault causing harm to two other young children and a passerby, who had intervened to assist, as well as one count of the production of a knife.

The incident occurred at Parnell Square East on the afternoon of November 23rd, 2023.

Last month, defence lawyers for the accused argued before the Central Criminal Court that their client is suffering from a mental disorder, namely moderate dementia, and is unfit to stand trial.

Karl Finnegan SC with Carol Doherty BL, prosecuting, previously said there was CCTV footage showing what appeared to be an attack on a line of children who were about to go to their creche.

He said when the creche manager became aware of the alleged attack on the children, she had shouted and moved to protect them but suffered a stab wound.

Mr Finnegan said four children had suffered stab wounds that day and one of them had life altering injuries. He said the scene was "one of chaos" at the time and emergency services were called.

On December 18th last, a consultant forensic psychiatrist for the defence said the accused man, who has a complex medical history, had suffered a brain injury "in the course of members of the public intervening" on the day of the alleged offence on November 23rd.

She also said that the accused man had surgery for a benign brain tumour in 2021, while a bone flap was removed some few months later due to infection.

The defence expert witness said that, should the accused be deemed unfit to stand trial by the court, he would be reviewed on a six-month basis by the mental health criminal law review board.

However, a consultant forensic psychiatrist for the State said he found that Mr Bouchaker was fit to plead and to stand trial.

The expert witness said there was nothing in his evidence which should in any way diminish the gravity of the accused's complex medical history, but that this was a different matter to the nature of entering a plea.

He said that while Mr Bouchaker does have a serious brain injury which affects his attention and concentration, fitting the clinical features of the disorder, the accused may be kept "on target" and participate in the trial process, where appropriate measures are taken to use closed questions.