New date set for trial of former DUP leader Jeffrey Donaldson and wife
A new date has been set for the trial to begin of former DUP leader Sir Jeffrey Donaldson and his wife Lady Donaldson on charges relating to alleged historical sex offences.
At Newry Crown Court on Friday, Judge Paul Ramsey said all sides in the case would 'work towards' the trial starting on November 3 after being told Eleanor Donaldson is continuing to receive medical treatment.
The trial had previously been due to start in March, but was delayed due to Mrs Donaldson's medical condition.
Jeffrey Donaldson, 62, who did not attend the hearing on Friday, has pleaded not guilty to 18 alleged offences.
The charges include one count of rape as well as allegations of indecent assault and gross indecency.
The charges span a time period between 1985 and 2008, and there are two alleged victims.
Eleanor Donaldson, 59, of Dublinhill Road, Dromore, who also did not attend court, is facing charges of aiding and abetting, which she denies.
Updating the court, barrister for Mrs Donaldson Ian Turkington KC, said: 'My instructions are that Mrs Donaldson remains unwell.
'I am anxious to protect her privacy but I am also alive to the fact that the court will require and expect some detail to manage the way forward.'
He told the court that medical evidence had previously been provided which indicated that Mrs Donaldson was 'unfit to stand trial'.
He added: 'As things stand, she is still under the care and treatment of a consultant psychiatrist.'
The barrister said he had hoped the psychiatrist would have provided something 'on paper' for the court for Friday's hearing.
Mr Turkington said the psychiatrist's office had been contacted on Friday morning and he understood a letter had been dictated, but not signed off.
He said: 'In those circumstances we can expect something within days.'
The barrister said the psychiatrist was there to treat Mrs Donaldson and his role was not to provide court with expert opinion on her fitness for trial.
He said: 'What we have done is privately engaged a consultant psychiatrist based in England who will examine Mrs Donaldson.'
He said he expected this assessment to take place in July.
The barrister said she was currently being treated at home by a mental health team.
The judge said he had already come to the conclusion the trial would not proceed before summer.
He added: 'My anxiety today would be to try to fix a date (for trial) if I could.'
The court heard that a trial date of November 3 had been mooted.
Mr Turkington said he was 'not in a position to put medical evidence before the court' over Mrs Donaldson's fitness to stand trial on that date.
The judge said: 'I would have thought that your consultant in England, if a date for trial is put forward, that would enable him or her to indicate she will be fit or she won't be fit.'
He also said there are 'plenty of measures' the court could take to accommodate any difficulties.
Mr Turkington said: 'The fundamental starting point is that Mrs Donaldson is fit to effectively participate in the trial, and obviously she has rights in that regard.'
The judge said: 'We are really to an extent speculating to a degree here. You and I and the prosecution need to have sight of the medical position.
'But if I fix a date for trial today it means we can all work towards that date.'
Mr Turkington said: 'Absolutely. Unless and until medical evidence is produced that might suggest otherwise.
'I think it is irresistible that the court would wish to target a date in the hope that Mrs Donaldson is fit enough to participate.'
The judge fixed the trial to begin on November 3.
Prosecuting barrister Fiona O' Kane said: 'It is almost six months from now so one would hope we can bottom out the issues with regard to Mrs Donaldson's difficulties.'
She asked the court keep a 'tight rein' in reviewing progress ahead of the new trial date.
The judge said he would review the case again on June 5. He said neither defendant needed to attend court on that date.
He added: 'I expect everybody, both witnesses and also counsel will be available for November 3, that is what I am working towards.'
Mr Turkington said that it is currently 'difficult, if not impossible to take instructions' from Mrs Donaldson.
Donaldson, the long-standing MP for Lagan Valley, was arrested and charged at the end of March last year.
He resigned as DUP leader and was suspended from the party after the allegations emerged.
Weeks before his arrest, he had led the DUP back into Stormont after a two-year boycott of the powersharing institutions.
Previous deputy leader Gavin Robinson
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