A man who allegedly circumcised a one-month old baby boy who later died has gone on trial at Waterford Circuit Court.
Osagie Igbinidion (31), Hebron Road, Kilkenny, a Nigerian, is charged with recklessly engaging in conduct in and about the circumcision of Callis Osajhae in a manner which created serious harm or risk of death to that child. He entered a plea of not guilty to the charge.
Opening the case for the State, Deirdre Murphy SC said the carrying out of a circumcision by a non-medical person was not an offence in Ireland. She told the jury of 10 men and two women that the State's case was that when the defendant undertook the circumcision, he recklessly engaged in conduct which caused serious harm to the child.
Ms Murphy said it was traditional for Nigerian parents to circumcise their first male child. Callis Osajhae was born to Nigerian parents in Waterford on July 19th, 2003. They had made inquiries through a public health nurse about having the child circumcised but decided not to go down the normal medical route.
A circumcision was arranged for the baby through the Nigerian community and Mr Igbinidion came to the child's house in Summerhill Mews, Waterford, on August 17th, 2003.
Ms Murphy said Mr Igbinidion performed the circumcision and stayed in the house for an hour and a half before returning to a hostel in Kilkenny, where he was living at the time. She said the evidence would indicate that the defendant failed to give advice to the infant's parents as to the correct procedure to follow should bleeding occur.
She said Mr Igbinidion did not bandage the infant's wound or apply any pressure to it.
Ms Murphy said the evidence would be that the defendant gave the child's parents a mobile number and an attempt was made to contact him during the night when Callis was bleeding.
The infant's parents brought him to hospital at 4.50am on August 18th, 2003. However, he died in Waterford Regional Hospital an hour later. The cause of death was blood loss.
Ms Murphy said Mr Igbinidion's conduct was such that he created recklessly a substantial risk of harm to Callis Osajhae. "It is not the circumcision itself but the circumstances around it, the failure to be available or to give advice about aftercare. All of these circumstances amounted to engaging in a conduct which created the substantial risk of harm to Callis Osajhae."
Ms Murphy said there was an element of secrecy about the procedure and that the child's parents initially claimed a white doctor from Belfast had carried it out.
The testimony of a neighbour of the Osajhaes, Ann Marie Fortune, was read into evidence. Ms Fortune said she heard the baby screaming early on August 18th and that his cries were louder than usual.
Taxi driver Clive Foster said he brought the infant, his parents and another woman to the hospital. Mr Foster in his statement said that he never got a look of the child and that the infant was utterly silent en route to the hospital. "The child never made a sound in the car. There was not a murmur out of the child. The woman was crying and saying 'Don't do this to me Jesus'."
Det Garda Alfred Blackett said he went to the house where the child died. He recovered blood-stained clothing and several blood-stained nappies from a bin at the rear of the house.
A paediatrician at Waterford Regional Hospital, Dr Ali, said he could not carry out a heel prick test on Callis when he arrived at the hospital as he had so little blood. He said the child was effectively dead when he was presented for examination.
Dr Ali said circumcision was available on a request basis. The case continues today in front of Judge Kevin Haugh.