Convicted killer with brain injury may not be fit to plead to new charges

Stephen Kearney, a convicted killer who sustained a brain injury after an attack in prison, may be unfit to face new charges. The 40-year-old, previously jailed for manslaughter and threatening to kill a garda, was not present at a mention hearing in Dublin Circuit Criminal Court.

Kearney was hospitalized following an assault in Mountjoy Prison last year. He has since been transferred to a medical wing at Midlands Prison, where a cognitive assessment is scheduled to determine his fitness to plead. The court was informed that there is currently no report indicating Kearney suffers from a diagnosed mental disorder.

His defense counsel expressed concerns regarding his client's fitness to plead, questioning when the necessary reports would be available. No bail application was made, as Kearney is homeless and his counsel stated it would not be in his interest to be released onto the street. The judge acknowledged this, agreeing that bail would leave him homeless.

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The difficulty is when will the court receive that report.

Kearney was originally sentenced in 2006 to eight years for manslaughter and threatening to kill a garda. He has since faced additional charges including false imprisonment, robbery, burglary, and theft, receiving a 2½ year sentence in March 2022 for a 2019 robbery. A personal injury action has also been initiated on his behalf against prison authorities.

The judge scheduled a further mention of the case for the end of October, allowing time for the required reports to be completed. Kearney is expected to appear via video link from Midlands Prison on that date.

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She said she would mention the case at the end of October to give sufficient time for reports to be done.