High Court President, Mr Justice Peter Kelly, directed that the woman be freed to live a supervised lifestyle for the next six weeks in a village for elderly emigrants who have returned to spend their final days in Ireland.
She will be allowed visits from family members and in turn allowed to visit them at their home but will not be allowed to overnight with them which would be entirely inappropriate, said Judge Kelly.
Judge Kelly, who had directed that HSE personnel appear before him to explain a breach of his order, accepted the apology from top HSE psychiatrist, Dr Izuchukwu Ugwu, who permitted the woman to visit her family overnight in breach of court directions.
Judge Kelly said he accepted the decision to release the woman was made by Dr Ugwu in what he considered was in the best interest of the woman and in ignorance of the legalities attached to the court order. He congratulated Dr Ugwu on what he described as his refreshing honesty and acceptance of responsibility for the breach.
The woman, who cannot be identified for legal reasons, was less than six stone in weight when the court made an order three months ago allowing doctors administer life-saving treatment to her. The court had heard that it was not a question that she might die but that she would die if not treated.
Dr Ugwu said the woman responded well to treatment and is now just short of normal body mass for someone of her age and stature. He told Judge Kelly the woman had felt caged in the hospital and, in tears, had begged him to allow her occasionally leave the hospital and on one occasion spend an overnight with family members.
Judge Kelly said he accepts that an appropriate plan for the woman’s treatment and care over a period of the next six weeks has been put in place and he lifted his order detaining her in hospital. She will be placed in a single unit in a residential home for the elderly where a nurse will be on duty at all times.