Judge to consider legal points in Mayo case involving transgender person

A District Judge is to consider legal submissions as to whether a transgender person could be properly before a court on a charges under the Misuse of Drugs Act, having been charged as a male but was now registered under the Gender Recognition Act of 2015 as a female.

The issue arose when an application was made by the State before Judge Fiona Lydon at Castlebar Court today to amend the Christian name of the defendant named on the summons from a male to a female.

The solicitor for the defendant, Ms. Fiona Daly, objected to the application by the State to amend the summons brought before the court against the defendant under the Misuse of Drugs Act.

It was Ms. Daly's contention that the person, who was named on the summons, did not exist and any attempt to amend any summons would compromise that person's constitutional and human rights under the Gender Recognition Act.

Due to the sensitive nature of the case the court asked that the defendant not be named publicly.

The person had changed their named by deed poll in June of 2016 and had obtained a gender recognition certificate.

Superintendant Joe McKenna said the State would argue that this was one and the same person.

Judge Lydon adjourned the matter to the November 21 sitting of Castlebar District Court when evidence will be heard from the gardai of details provided by the person when they were arrested.

The defence's case is that that person no longer exists and therefore the prosecution should not and could not proceed as it would be a violation of the rights of the defendant under the Gender Recognition Act.