Northern Ireland trial of the facts under review following Eleanor Donaldson case
“Newry Courthouse/Teach na Cuirte,”
by Eric Jones [CC-BY-SA 2.0]
The Northern Ireland justice minister, Naomi Long, and health minister, Robbie Butler, have launched a joint review into the legal framework behind a trail of the facts following the Eleanor Donaldson case.
Mrs Donaldson was charged with aiding and abetting her husband, former DUP leader, Jeffrey Donaldson, on the 18 counts of sex abuse, including one count of rape, of which he was ultimately convicted.
Mrs Donaldson, however, faced only a trial of the facts having been deemed unfit to stand trial on mental health grounds. She was found to have committed the acts but will not face a prison sentence. She could, however, face a treatment order.
There was some controversy surrounding her trial of facts at the time as members of the public were unfamiliar with the process and Mrs Donaldson did not attend court.
The review has been welcomed by Sinn Féin justice spokesperson Emma Sheerin who said: “I welcome that an external review will examine the legal framework around trials of the facts.
“It is entirely appropriate that a review is carried out to examine whether the current framework is suitable and appropriately balances the rights of the accused with the rights of victims.
“Public confidence is vitally important to ensuring an effective justice system and public confidence has been damaged.
“We must ensure that all lessons are learned and that victims and survivors can have the confidence to know that their abuser will face the full force of the law.”
UUP leader Jon Burrows, who had called for a review in July said that such a review would be an opportunity to restore public confidence in the justice system.
Solicitor, Paul Dougan, however, speaking to BBC’s Good Morning Ulster programme said that there is a “relatively high bar” for medical evidence under the current process adding, “I would just caution people against jumping to conclusions based on a particularly high profile case that has brought these issues to the fore.”


