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Lady Donaldson unfit to stand trial, court finds
TL;DR
Lady Eleanor Donaldson has been deemed unfit to stand trial due to mental health issues. She will undergo a trial of facts instead, where a jury will determine if she committed the alleged offenses.
Key points
- Lady Eleanor Donaldson declared unfit to stand trial
- Decision made on mental health grounds
- Trial of facts will determine if alleged offenses occurred
- Lady Donaldson and Sir Jeffrey Donaldson deny 23 sex abuse charges
- Judge Paul Ramsey presided over the case
Mentioned in this story
Lady Eleanor DonaldsonSir Jeffrey DonaldsonDemocratic Unionist Party
Lady Eleanor Donaldson, the wife of former Democratic Unionist Party (DUP) leader Sir Jeffrey Donaldson, has been declared unfit to stand trial on mental health grounds.
Instead, Lady Donaldson will face what is known as a trial of facts, which occurs when a defendant cannot be tried because of serious ill-health.
Judge Paul Ramsey made the decision after hearing medical evidence at Newry Crown Court on Wednesday.
Lady Donaldson, 60, and her husband, Sir Jeffrey Donaldson, 63, deny a combined 23 sex abuse charges.
Unlike a normal trial, in a trial of facts, a jury cannot find the person guilty – instead it determines if they committed the alleged offences.
Although they cannot be convicted, they can be acquitted.
The procedure is set out under Article 49A of the Mental Health (Northern Ireland) Order 1986.
The defendant, while represented by lawyers, plays no part in proceedings.
Sir Jeffrey Donaldson has pleaded not guilty to 18 alleged offences.
The charges include one count of rape and allegations of indecent assault and gross indecency between 1985 and 2008, involving two alleged victims.
Lady Donaldson denies five charges relating to aiding and abetting his alleged offending.
The court heard evidence via video-link from Dr Christine Kennedy, a consultant psychiatrist.
She has examined Lady Donaldson and has written two reports, the most recent having been completed just days ago.
Dr Kennedy said Lady Donaldson is in no fit state to instruct her lawyers, follow proceedings or give evidence.
Prosecutors have proposed that that Sir Jeffrey Donaldson face "a standard trial", opening next Tuesday, while "simultaneously", his wife faces the trial of facts.
The judge heard legal submissions on the issue.
He will rule on Thursday on whether the trial of facts should run alongside the trial of Sir Jeffrey, or as separate proceedings at a different time.
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Q&A
Why was Lady Eleanor Donaldson declared unfit to stand trial?
Lady Eleanor Donaldson was declared unfit to stand trial on mental health grounds after medical evidence was presented in court.
What is a trial of facts and how does it differ from a normal trial?
A trial of facts determines whether the defendant committed the alleged offenses without the possibility of a guilty verdict, unlike a normal trial where a jury can find someone guilty.
What charges do Lady Eleanor Donaldson and Sir Jeffrey Donaldson face?
Lady Eleanor Donaldson and her husband, Sir Jeffrey Donaldson, face a combined total of 23 sex abuse charges.
