The “entire Jewish community stands fairly and squarely” behind a London-based rabbi awaiting trial accused of performing an illegal circumcision on a baby boy in Dublin, the High Court has heard.
Jonathan Abraham (47) was arrested Dublin on July 30th and charged with performing a surgical procedure, a circumcision on a male child, without being a registered medical practitioner at an address in Dublin 15.
Two days later, the British citizen was denied District Court bail, but he lodged a fresh application which opened before Ms Justice Karen O’Connor in the High Court in Cloverhill on Tuesday.
The defence proposed a suite of bail conditions, including a bond and a combination of independent sureties totalling €100,000, to secure the father of 10’s release pending trial.
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After hearing evidence and submissions and receiving testimonials and an affidavit from the accused, Ms Justice O’Connor adjourned ruling on the application until Thursday.
[ Rabbi accused of coming to Ireland to perform illegal circumcision refused bailOpens in new window ]
Det Garda Megan Furey said the offence, contrary to the Medical Practitioners Act 2007, could result in a maximum fine of €130,000 and five years’ imprisonment at the Circuit Court level. She said there was strong evidence in support of the charge.
Gardaí entered an address in Dublin 15 with the homeowners’ consent. According to the detective, they observed the accused “dressed in a white robe, a doctor’s-like gown, with blue gloves and a scalpel in his hand”.
The court heard there was a table in the middle of the room with a changing pad, scissors and other medical supplies and implements. “Gardaí at this time also observed a very young child on the changing pad naked,” she said.
There were three babies, including a set of twins, aged between three and six weeks, in the house, but only one circumcision involving removal of the foreskin of an 18-day-old baby boy had taken place. That infant was brought to a hospital as a precautionary measure.
The babies present when gardaí arrived were from Muslim and Christian backgrounds, the court heard. There was a set of twins whose mother had asked him through his website to perform the circumcision. The court heard his fees were £70 for travel, £350 for each child with a €70 discount for twins.
The detective said Mr Abraham was not a medical practitioner in Ireland, and she raised flight risk concerns. She said he flew into Dublin around midday and booked a 7pm return flight for the same date. She also thought he was entitled to an Israeli passport, but the court later heard he only had a UK passport.
The rabbi’s wife, sister and brother came to the hearing and watched the proceedings from the public gallery.
Defence barrister Ronan Kennedy SC furnished the court with testimonials
from doctors, lawyers and leading figures in the Jewish community in London.
The court heard his family, including his elderly parents, depended on him. His being in prison in Ireland, where he is in solitary confinement, had caused them hardship and anxiety.
Det Garda Furey said she was not aware that he was the leader of an orthodox congregation in north London or an expert in Jewish law.
The hearing was told he received a stipend for his work but also got a state benefit.
Ireland’s chief rabbi, Yoni Wieder, told Ms Justice O’Connor that he could vouch for the accused’s character and would assist him in adhering to bail terms.
During exchanges between Det Garda Furey and Mr Kennedy, it emerged that a 2004 Department of Health report said a rabbi could perform non-therapeutic circumcision for cultural or religious purposes. However, the garda stated the report recommended that they be done in sterile environments.
The court heard Rabbi Abraham was a member of the Initiation Society, the oldest Anglo-Jewish organisation, founded in 1745; he was a mohel and trained to perform circumcisions in the UK. The defence submitted that it would be frowned upon in the defendant’s community if he evaded justice and no mohel had been prosecuted in this manner before.
The judge heard that the defendant was seeking to be let return to London pending trial but would reside in Dublin if the court made that a condition.
Mr Kennedy said his client intended to contest the case, which has attracted international attention, and “the entire Jewish community stands fairly and squarely behind him”.
Until his trial, the court heard that he wished to be able to return to his family and undertake his rabbinical duties.
The defence proposed bail terms in the defendant’s bond of €10,000, of which half must be paid over by him, along with €50,000 raised by his community in England and €40,000, of which half must be lodged from an independent surety in Dublin.
Trial venue directions from the Director of Public Prosecution are still pending on whether the case will be heard in the District Court or the Circuit Court.
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