A JUDGE has criticised a claim by a defence lawyer that his client is deaf-mute, after it emerged he can both hear and speak.
The defence raised concerns at a review hearing in advance of a contest, but the claims were refuted by a prosecution lawyer who read from a statement from a prison officer, which detailed the accused conversing freely.
Abraham Jakobovits (41), with a last known address of Fortwilliam Gardens, Belfast but currently remanded in custody, is accused of breaking into two churches in Fivemiletown, before Christmas.
It is alleged he entered Clogher Valley Free Presbyterian Church and stole a camcorder and cash. He was also charged with breaking into St Mary's Catholic Church on the same road. Nothing was stolen but an internal door was damaged.
The offences allegedly occurred between December 19 and 20.
A defence lawyer told the court Jakobovits claimed to be mute and deaf explaining his client "can understand what is being said, possibly by lip-reading, and writes his answers down".
But a lawyer appearing for the Public Prosecution Service said this was the first time he had been made aware of any issues.
He read excerpts from a statement given by prison staff that disclosed the defendant asked staff for items of his property and also asked one officer when he would be leaving.
The judge said: "So he can speak. It appears to be elective muteness. For whatever reason he chooses not to speak. That is entirely different to the case which was opened to me, claiming no powers of speech."
Ordering the contest to proceed this month, the judge said Jakobovits will appear in person and "if he chooses not to speak that’s his choice. The court will draw its own conclusions."
