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'Fitness to stand trial' challenged by defendant

High Court - Dublin
High Court - Dublin

A 30-year-old Dublin man has been granted leave by the High Court to challenge a Circuit Court decision that he is fit to stand trial.

The court heard that Marcus Lane, a Disc Jockey from Beverly Lawns, Knocklyon, was due to stand trial for drugs offences in the Circuit Court next month.

His lawyers told the High Court that current legislation allows the Director of Public Prosecutions to challenge court decisions on fitness to stand trial but the same right is not afforded to the defendant.

They claim this is a breach of his constitutional rights and want the High Court to review the case and quash the decision of the Circuit Court.

In July the Circuit Court heard evidence on behalf of Mr Lane from a psychiatrist and from a psychologist on behalf of the prosecution.

The court was told that while it was accepted by the Judge that Mr Lane was suffering from Post Traumatic Stress Disorder, he was deemed fit to stand trial.

Mr Justice Patrick McCarthy granted leave to seek a judicial review.