Derry Magistrate's Court
A man has been remanded in custody at Derry Magistrate's Court today charged with attempting to 'prevent the lawful and decent burial' of his father's body.
John Garrett O'Sullivan (55) of Culmore Road in Derry appeared charged with one count of attempting to prevent the burial of his father on dates between July 1 and July 17.
A police officer connected the accused to the charge and opposed bail.
She told the court that at 3.15pm on July 17 police received a concern for safety report from the deceased's daughter who said she had been unable to contact her father or gain entry to his home.
Police attended and forced entry to the house and immediately noticed 'the odour of human remains'.
In the living room the officer said police saw a duvet partially in a fridge freezer and when they opened the duvet they found human remains wrapped in plastic sheeting.
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Adult nappies were placed on the head and hands and a wet wipe was found in the mouth of the deceased.
The remains were identified as Noel O'Sullivan (85) and his daughter said she had last talked to her father by telephone on July 1.
The court heard that since April 23 there had been three concern for safety reports concerning the dead man and the case had been referred to Social Services.
At 7pm the defendant was identified on the Culmore Road and arrested.
He told police his father had been drinking and claimed he was 'ranting and raving' and being verbally abusive to him.
The defendant said that this was on July 7 and he said when he entered the room after being in bed he found his father's body which he described as being 'pale and still'.
O'Sullivan claimed that his father had become unwell on July 4 and said he did not call a doctor 'as it was a Bank Holiday weekend'.
He said he did not call a doctor later as his father was already dead and added he placed the body in a freezer 'as that was what they did in Altnagelvin Hospital.'
The accused said he had not called anyone after his father died as he wanted to preserve his father's 'privacy and dignity'.
The daughter told police that she had been told that her father was unwell on July 4 and she had advised her brother to contact a doctor but there was no report of any call being made.
The court heard that Social Services had called at the property on July 10 but had been refused entry.
The officer told the court that a post mortem had been 'inconclusive' but police believed that by July 10 the deceased was already dead.
Bail was opposed due to the fact there was no suitable address and there was a risk of flight as there was a property in County Donegal.
The officer said that there had been a history of psychosis dating back to 2010 and there had been 'extensive discussions' as to the mental health of the defendant.
Defence solicitor Paddy MacDermott said that there was no suitable address as the sister was unwilling to consent to him returning to the family home.
He said that the defence believed that this was a case that should be in 'hospital setting rather than a custodial setting.'
The solicitor said that it was 'a very, very unusual circumstances' and further referrals would need to be carried out.
He said it was a case that would go to the Crown Court and it could be next year before the case is dealt with.
Deputy District Judge Philip Mateer said that this was 'distressing case for the family and an unusual case for the court.'
He said there was a prima facie against the defendant at this stage and added that the main problem was there was no suitable address.
The judge said that he was not minded to grant bail at this stage and advised that a psychiatric assessment be carried out.
O'Sullivan was remanded in custody to appear again on August 15.
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