A JUDGE HAS ordered a psychiatrist to draft a fitness-to-plead report on a man awaiting trial for allegedly threatening to “slit” People Before Profit TD Paul Murphy’s wife’s throat.

Dublin District Court heard the report had been sought three times “to no avail”.

The incident allegedly occurred after the politician canvassed about abortion laws in Tallaght on 23 May, 2023.

Joseph Cloherty, 42, of no fixed address, faces a charge under section 5 of the Non-Fatal Offences Against the Person Act.

Cloherty, who had indicated that he would contest the charge, is accused that without lawful excuse, he made a threat to Paul Murphy, intending him to believe it would be carried out that he would kill or cause serious harm to Jessica Spear.

He was supposed to have a date designated today for his non-jury District Court trial but did not attend, with Judge John Hughes noting that Mr Cloherty had been hospitalised involuntarily. He no longer had legal representation, and the court heard that “he wants to represent himself”.

Prosecutor Claire Barry said there was a letter on the court’s file about Cloherty’s attendance.

Judge Hughes noted that the defence lawyers previously assigned the accused had come off record since January. He said he previously requested that a fitness-to-be-tried report be made available, and the prosecution was to contact his hospital and his treating psychiatrist.

Several requests were made, the court heard.

Garda Elaine Markham said she had contacted the man’s consulting doctor, outlined the circumstances and received a vague letter. She made more attempts to contact the doctor, “to no avail” and the Director of Public Prosecutions’ office also tried.

Judge Hughes said he made the same order on 10 February and twice in March.

However, today, he ordered the prosecution to serve it on the doctor, saying that the case cannot be progressed apart from that. The case resumes in May.

In January, the court had heard that the Dublin South West TD was in Tallaght and was allegedly threatened to his face that his wife, Jessica Spear, would be seriously harmed.

Spear is a People Before Profit councillor for Tallaght Central.

Gardai submitted a file to the Director of Public Prosecutions, who directed summary disposal of the case at the District Court level.

Outlining the evidence, Garda Elaine Markham had said that Paul Murphy had set up a stall at Belgard Square. The TD was there giving out leaflets about a pro-abortion bill. It was alleged that the accused “walked up to Paul Murphy and threatened to slit his wife’s throat”.

Gardai took statements from her and the TD. “That’s a lie,” Cloherty had told the court after it heard a summary of the evidence.

Jurisdiction was accepted for the case to be heard in the District Court and not in the Circuit Court, which has broader sentencing powers.

Cloherty, representing himself, disputed the evidence, telling the judge, “They were talking about killing babies.”

On conviction, the threat charge can carry a fine, a 12-month sentence in the District Court or imprisonment for up to 10 years if dealt with in the Circuit Court.