Former home and away star Joel McIlroy wants assault case dropped due to brain disease

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Ex-home and away star Joel McIlroy claims he suffered from a « degenerative » brain disorder when he allegedly assaulted a policewoman

Former Home and Away star Joel McIlroy, 47, leaves Downing Center local court on Friday, September 29, 2020 Source: RAW / Sarah McPhee

Joel McIlroy was scheduled to appear in Downing Center Local Court in Sydney Image: NCA NewsWire / Joel Carrett Source: News Corp Australia

A former Home and Away star accused of denigrating a policewoman had a « misunderstanding » of the situation and wants the charges to be dealt with under mental health law due to her degenerative brain disease  » very rare ”, his lawyer told a court

Police allege Joel McIlroy put 29-year-old NSW Chief Constable in a headlock and repeatedly punched her in the face in the suburb of Surry Hills on the outskirts from Sydney on October 22, 2019

He is accused of assaulting an officer in the performance of his duties causing him actual bodily harm, of intentionally obstructing an officer in the performance of his duties, of resisting an officer in the performance of his duties and two counts of aggression against an officer in the performance of his duties

Since 2007, the 47-year-old has suffered from Huntington’s disease – a neurocognitive disorder that once claimed the life of his father

His attorney, Elliot Rowe, told the local Downing Center court on Tuesday that there appeared to be a « misunderstanding » on Mr. McIlroy « as to the nature of the police and the role » of undercover officers that day last year

« They were dealing with two people who appeared to be under arrest and Mr. McIlroy intervened in this scenario, « he said.

He said it was not a premeditated assault and that he expected the case to come down to Mr. McIlroy « and his perception of what happened and what was going on when he had this interaction with the police »

M Rowe acknowledged that « all police offenses are inherently serious » including alleged « multiple strikes » by his client

He made a mental health section 32 claim to « hijack » M McIlroy of the criminal justice system, at the start of what was to be a two-day hearing before Magistrate Jennifer Giles

« It (Huntington) is a very rare degenerative disease which is not the one that is common in terms of these applications, » said M Rowe

« This is the alarm signal which M McIlroy needed to need to understand his problem and commit to the treatment that was designed for him « 

He said the incident – including « putting the chief agent in a headlock and then punching him in the head » – was that Mr. McIlroy « was not minding his own business »

« M McIlroy kept yelling: « This is police brutality, » he said, noting that the former actor also claimed he was « strangled »

« M McIlroy knew full well that it was the police who controlled and looked after him « 

He added: « At some point, Mc McIlroy needs to be held accountable for his actions and community members need to be protected. »

On Tuesday, an enraged Ms Giles said the request, made without warning, was an « abuse » of the court’s resources and an inconvenience for witnesses, as nothing in the court file indicated that she would be presented

« I’m sorry, I don’t think you quite understand how many tens of thousands of cases are waiting for you and you are just wasting your special device

« I have to make a decision, it doesn’t come from nothing I would really like to think about it

Ms. Giles paraphrased an email from the psychiatrist treating Mr. McIlroy, stating that « to the detriment of his own case, he could not or should not testify » at a possible hearing

« This is a medical opinion which expresses some concerns related to his particular illness, » said M Rowe

« He is the only person able to testify to his subjective opinions… he is in a dilemma in this regard »

The court heard that Mr. McIlroy was arrested at the scene last year and spent 103 days behind bars before being released on bail by the New South Wales Supreme Court in February

He previously lived in Surry Hills but now resides with his family in Newcastle

M McIlroy starred in Home and Away as Flynn Saunders from 2003 to 2006, but first appeared on the series in 1994

His role, as the husband of Sally Fletcher – Kate Ritchie’s beloved character – earned him a Logie Silver nomination for Most Popular Actor in 2006

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Joel McIlroy, home and away

World News – UA – Former home and away star Joel McIlroy wants the assault case is dropped due to brain disease


SOURCE: https://www.w24news.com

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