Hospital can’t keep patient against his will, court told

A solicitor told Galway District Court that she once saw one of her clients, who suffers from schizophrenia, walking out of the hospital in his pyjamas.

Olivia Traynor said Charlie Mongan (25), from 63 Camilaun Park, Newcastle, would leave of his own accord when he felt like it.

She said his GP had written to the HSE asking that he be kept in the hospital longer, but the HSE had replied it was not legally entitled to detain him once he had received the necessary treatment.

Hearing Mongan had 85 previous convictions, Judge Mary Fahy said she had done everything she could to keep him out of custody in the past, but he had just kept accumulating charges.

Mongan pleaded guilty to a plethora of offences this week.

On May 18 last, Garda Padraig Quirke responded to a call from a resident at Ashe Road in Shantalla and arrived to find Mongan climbing out the back window of a car parked in the resident’s driveway.

Mongan had also gone into Burgatory on June 22 last where he leaned over the counter and stole a wallet from the proprietor’s handbag.

The woman’s husband followed Mongan, who returned the wallet minus €5.

Garda Nigel Silke observed him begging aggressively from passers-by in Eyre Square last January.

Then, at 9am on April 3 last, Garda Shane Lally observed Mongan aggressively pulling at a bike which was securely locked to a bicycle rack at Bridge Street in an attempt to steal it.

On January 9 last, Mongan got out of a taxi at Raven’s Terrace without paying the €14 fare and he also stole a bottle of wine from a shop.

Mr Traynor explained he suffered from schizophrenia and his sister was his carer.

She said she was aware that the people of Galway needed to be protected.

Judge Fahy agreed he was somewhat vulnerable, but businesses had to be protected, she said.

The judge said she couldn’t see why the hospital could not detain Mongan a bit longer.

“They say they can’t do so legally.  Once he’s treated he does not meet the criteria. I saw him walking one day in his pyjamas from the hospital,” Ms Traynor replied.

Judge Fahy said she would try giving Mongan a suspended sentence to see if that would work. She remanded him on continuing bail to September 3 for a Garda behaviour report and she directed he bring €200 compensation for the woman in Burgatory and for the taxi driver.

She warned Mongan the Garda report would need to be good if he wanted to stay out of prison. She also directed him to stay away from all of the premises mentioned and warned him he was not allowed to beg.

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