Judge rules Lady Eleanor Donaldson unfit in Jeffrey Donaldson case
Lady Eleanor Donaldson has been declared unfit to stand trial on mental health grounds, and the ruling changes how the case around jeffrey donaldson will proceed. Judge Paul Ramsey made the decision at Newry Crown Court on Wednesday after hearing medical evidence from consultant psychiatrist Dr Christine Kennedy.
Lady Donaldson, 60, will face a trial of facts instead of a standard criminal trial. Sir Jeffrey Donaldson, 63, and Lady Donaldson deny a combined 23 sex abuse charges, and prosecutors proposed that Sir Jeffrey Donaldson face a standard trial opening next Tuesday while his wife’s case is heard in the same period.
Newry Crown Court ruling
Judge Ramsey heard evidence by video-link from Dr Kennedy, who examined Lady Donaldson and wrote two reports. Dr Kennedy said Lady Donaldson is "in no fit state to instruct her lawyers, follow proceedings or give evidence".
The ruling means Lady Donaldson will not face a normal criminal trial. In a trial of facts, a jury does not decide guilt; it decides whether the alleged offences happened at all.
That procedure is used when a defendant cannot be tried because of serious ill-health. Under Article 49A of the Mental Health (Northern Ireland) Order 1986, the defendant takes no part in proceedings, although lawyers still represent that person.
Sir Jeffrey Donaldson charges
Sir Jeffrey Donaldson has pleaded not guilty to 18 alleged offences, including one count of rape and allegations of indecent assault and gross indecency between 1985 and 2008. The allegations involve two alleged victims. Lady Donaldson denies five charges relating to aiding and abetting his alleged offending.
Prosecutors wanted Sir Jeffrey Donaldson’s standard trial to begin next Tuesday while Lady Donaldson faced the trial of facts at the same time. Judge Ramsey will rule on Thursday whether that should happen or whether the trial of facts should run separately at a different time.
Thursday ruling on procedure
The immediate issue is not the substance of the allegations, but the shape of the courtroom process. If Judge Ramsey allows the two proceedings to run together, the court will hear the evidence against both defendants in parallel. If he orders separate hearings, Lady Donaldson’s case will move on a different timetable from Sir Jeffrey Donaldson’s trial.
For now, the case turns on procedure in Newry. Lady Donaldson has been found unfit to instruct her lawyers, and Thursday’s ruling will decide whether her trial of facts sits beside Sir Jeffrey Donaldson’s trial or stands apart from it.
