Legal submissions made in Mayo court case involving transgender person

LEGAL submissions have been made in the case concerning the question of whether a transgender person is properly before the court on charges under the Misuse of Drugs Act.

The person was charged as a male but now identifies as female, having legally changed her name by deed poll and her gender under the Gender Recognition Act in 2016. The person was arrested in June 2017 for alleged drug offences.

The issue arose when the case first came to court on October 3 as the State made an application to amend the Christian name of the accused person named on the summonses.

Ms. Nicola Daly, solititor, representing the defendant, objected to the application, arguing that the person named on the summonses no longer exists and any attempt to amend any summons would comprised that person's constitutional and human rights under the Gender Recognition Act.

Judge Fiona Lydon thanked the State and Ms. Daly for their 'comprehensive and detailed' submissions, supported by law and legislation.

The question that needs to be addressed now is: Is the person before the court the same person who was charged with the offences?

However, the case could not proceed as the arresting garda and the member in charge on the night of the arrest were not in court to outline details given by the accused at that time.

Superintendent Joe McKenna said he would make it his business to have both witnesses present for the adjourned hearing on December 5 next.

Judge Lydon informed Ms. Daly it would be prudent if her client was in court that day too in case there were matters arising from the evidence of the two State witnesses.