Lady Eleanor Donaldson has been declared unfit to stand trial on mental health grounds, clearing the way for a trial of facts in the case linked to her husband, former Democratic Unionist Party leader Sir Jeffrey Donaldson. Judge Paul Ramsey made the decision on Wednesday at Newry Crown Court after hearing medical evidence.
Sir Jeffrey Donaldson, 63, and Lady Donaldson, 60, deny a combined 23 sex abuse charges. Sir Donaldson has pleaded not guilty to 18 alleged offences, including one count of rape and allegations of indecent assault and gross indecency said to have taken place between 1985 and 2008 involving two alleged victims. Lady Donaldson denies five charges relating to aiding and abetting his alleged offending.
The court heard evidence from Dr Christine Kennedy by video-link, and she said Lady Donaldson was “in no fit state to instruct her lawyers, follow proceedings or give evidence.” That finding means she cannot be tried in the ordinary way because of serious ill-health, but a trial of facts can still be held to determine whether the alleged offences occurred. Under Article 49A of the Mental Health (Northern Ireland) Order 1986, the defendant is represented by lawyers but takes no part in the proceedings, and a jury may not convict.
Prosecutors proposed that Sir Donaldson’s standard trial should begin next Tuesday, with Lady Donaldson’s trial of facts running at the same time. That arrangement is not yet settled. Judge Ramsey is due to rule on Thursday whether the two matters should proceed alongside each other or as separate hearings at different times.
The decision gives prosecutors a path forward in a case that now has two different legal tracks. Sir Donaldson, the former DUP leader, still faces a full criminal trial, while Lady Donaldson’s role will be tested only through the narrower facts process if Ramsey approves it. What happens on Thursday will determine whether the cases move together or split apart.
