Former DUP Leader Jeffrey Donaldson Convicted on Child Sex Abuse Charges
Sir Jeffrey Donaldson, former leader of the Democratic Unionist Party (DUP), has been found guilty of 18 child sex abuse charges, including one count of rape.
The jury also reached a verdict regarding his co-accused, Lady Eleanor Donaldson, who faced five charges, four of which related to aiding and abetting.
However, due to a distinctive legal procedure applied in her case, the jury did not find her guilty in the same manner as her husband. Instead, they concluded that she "did the acts" when delivering their verdicts.
This outcome arises from Lady Donaldson undergoing a trial of the facts after being deemed unfit for a conventional trial on mental health grounds.
Below is an explanation of what a trial of the facts involves and its implications for Eleanor Donaldson, including the fact that she cannot receive a prison sentence.
What is a trial of the facts?
A trial of the facts is a legal process available to prosecutors when a court determines that an individual is unfit to stand trial, thereby preventing standard criminal proceedings from continuing.
This procedure substitutes for a criminal trial and aims to establish whether the accused committed the acts alleged against them.
It cannot lead to a conviction; however, if the court is not convinced that the accused committed the acts, the individual will be acquitted.
The procedure is provided for under Article 49A of the Mental Health (Northern Ireland) Order 1986.
While this mechanism is rarely used, a notable example includes the 2019 trial of former IRA leader Ivor Bell.
What happens during a trial of the facts?
In several respects, a trial of the facts resembles a conventional criminal trial. The prosecution presents its evidence against the defendant before a judge and jury in a courtroom setting.
The principal difference is that the accused does not participate in the proceedings and may not even be present in court.
This was the case for Eleanor Donaldson, who was absent throughout the four-week trial during which evidence was heard against both her and her husband.
Nevertheless, the accused is represented by legal counsel, who may cross-examine witnesses, challenge evidence, and make legal submissions on their behalf.
Ian Turkington KC represented Eleanor Donaldson during her trial of the facts, cross-examining witnesses and delivering closing remarks on her behalf near the trial's conclusion.
A significant distinction in this type of trial relates to the possible outcomes. Instead of a verdict of guilty or not guilty, the jury is asked to determine whether the accused committed the offence charged.
The focus is strictly on the physical acts alleged, rather than the accused's mental state at the time.
In a standard criminal trial, the jury would also consider whether the defendant possessed the mental capacity necessary to be found guilty.
The standard of proof remains unchanged; the jury must be convinced beyond reasonable doubt that the accused committed the acts alleged.
The accused cannot be convicted but may be acquitted if the jury is not satisfied that the acts occurred.
What happens now to Eleanor Donaldson?
In a trial of the facts, the court cannot impose a prison sentence.
Instead, the court may issue a treatment order or an absolute discharge.
A treatment order involves medical care as an alternative to sentencing, as outlined in legislation, primarily aimed at protecting the public.
Under such an order, an individual may be committed to hospital, placed under a ship order, or subject to a supervision and treatment order.
If none of these measures are deemed necessary, the defendant is absolutely discharged.
This means the defendant committed the offence, but there is no punishment or order of any substance and they are free to go.
