Lady Donaldson ruled unfit to stand trial on mental health grounds
Lady Eleanor Donaldson, the wife of former Democratic Unionist Party 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.
Unlike a normal trial, in a trial of facts, a jury cannot find the person guilty. 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.
The charges include one count of rape and allegations of indecent assault and gross indecency between 1985 and 2008, involving two alleged victims.
Dr Kennedy 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 Sir Jeffrey Donaldson face a standard trial, opening next Tuesday, while his wife simultaneously faces the trial of facts.
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