Lady Eleanor Donaldson will not receive a criminal conviction or face a prison sentence.
Former DUP leader Sir Jeffrey Donaldson has been found guilty of 18 historical sexual offences, while his wife, Lady Eleanor Donaldson, was found to have committed acts which amounted to aiding and abetting some of those offences.
The offences relate to two women who were children at the time they were carried out.
However, despite the court’s findings, Lady Eleanor Donaldson will not receive a criminal conviction or face a prison sentence.
What happened in court?
Sir Jeffrey Donaldson was convicted of 18 historical sexual offences following a criminal trial.
Lady Eleanor Donaldson faced charges of aiding and abetting some of those offences. However, her case was dealt with through a legal process known as a “trial of the facts” rather than a conventional criminal trial.
The jury found that she had committed the acts alleged by the prosecution, but, because of her legal status in the proceedings, she cannot be convicted of a criminal offence.
What is a trial of the facts?
A trial of the facts is a special court procedure used when a defendant has been found unfit to stand trial.
In a normal criminal trial, a jury decides whether a defendant is guilty or not guilty of an offence.
In a trial of the facts, the jury is asked whether the defendant committed the act or acts alleged by the prosecution.
The jury is not asked to decide whether the person was guilty of a crime because the defendant has been deemed incapable of participating fully in a criminal trial.
Why was Lady Eleanor Donaldson not put on trial in the normal way?
Before the case reached a jury, Lady Eleanor Donaldson was found unfit to stand trial due to her mental health.
A defendant may be found unfit to plead if a court concludes they are unable to properly understand the proceedings, instruct lawyers, challenge evidence or otherwise participate effectively in their own defence.
Once someone is found unfit to stand trial, the criminal trial cannot proceed in the usual manner. Instead, the court holds a trial of the facts.
Does the finding mean she is guilty?
No. This is one of the most important distinctions in the case. A finding in a trial of the facts is not the same as a criminal conviction.
The jury determines only whether the defendant committed the physical acts alleged. It does not decide criminal guilt.
As a result, the court records a finding that the defendant “did the act” rather than a verdict of guilty.
Why won’t she go to prison?
A trial of the facts cannot result in a criminal conviction. Without a conviction, the court cannot impose a prison sentence in the same way it would following a guilty verdict.
Instead, judges have a limited range of disposals available to them.
These can include a supervision order, a hospital order where appropriate, or in some cases an absolute discharge.
The purpose of these measures is not punishment but the management of any risks arising from the conduct that has been proved.
What happens next?
The court will now consider what, if any, order should be made in relation to Lady Eleanor Donaldson following the findings against her.
For Sir Jeffrey Donaldson, the case will return to court for sentencing on 25th September when the judge will determine the appropriate punishment for the offences of which he has been convicted.
The sentencing process takes into account a range of factors, including the nature and seriousness of the offences, any aggravating or mitigating circumstances, and sentencing guidelines.
For all the latest news, visit the Belfast Live homepage here and sign up to our daily newsletter here.
You must be logged in to post a comment Login