A provisional or probable psychiatric diagnosis made retrospectively on an unverified factual basis, and contradicted by contemporaneous psychiatric assessments, is insufficient to establish either that an applicant was unfit to plead or that delay in filing an appeal was adequately explained. Where multiple forensic psychiatrists assessed the applicant around the time of sentencing and found him fit for trial and not of unsound mind, new medical evidence based solely on the applicant's self-reported history carries little weight.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.
1 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.