A FATHER has gone on trial at Dublin Circuit Criminal Court accused of wilful neglect of his seriously ill 11-week-old daughter by removing her from hospital without medical consent.
Nursing staff at Our Lady’s Children’s Hospital, Crumlin, told the court the child was medically fit to be released but due to concerns about her parents’ ability to care for her and manage her illness, her release had not been approved.
Séamus Clarke, prosecuting, told the jury the child was born with a serious medical condition and had undergone major surgery in the early weeks of her life. He said it was very important she was given her medication on time.
He said that after the accused man had taken the child from the hospital that morning, phone contact was made with him by various parties including gardaí who were later able to locate him at a relative’s home and the baby was returned to the hospital at about 4pm.
The 39-year-old man, who cannot be named to protect the identity of the child, has pleaded not guilty to a charge of wilful neglect of his daughter on November 1st, 2005.
Nurse Anne Byrne told Mr Clarke she saw the accused in the ward that morning and he appeared “quite intoxicated” with a smell of alcohol on his breath. She said he was pacing up and down the corridor with the child in his arms and seemed quite uneasy.
Ms Byrne said the accused left the ward at 10.30am with the child and she rang him on his mobile. She said he answered immediately and told her he was still in the hospital building and would bring her back.
She gave the man five minutes and then rang him again. She told him he had to return with the child and if he did not she would have to alert gardaí. She said he became verbally aggressive, cursing at her and insulting her. She said the accused returned to the hospital at about “quarter to four or five” and the child was examined by a doctor. She said the baby was unkempt, had a soiled nappy and appeared quite hungry.
Anita Getty, clinical nurse manager, told Mr Clarke that at 9.40am she became aware the accused wished to take his daughter home and she attempted to calm him down.
Ms Getty said she had left the hospital in a Garda car with a doctor to go to the man’s relative’s house that afternoon but by the time they got there he had left to go back to the hospital.
Ms Getty said she had told the accused before he took the baby that in order for her to go home, he and his partner had to train in her care and she had requested that one of the parents stay over for a few nights to get used to feeding her and observing medical signs and symptoms as her health could deteriorate quite quickly.
Ms Getty agreed the child was medically fit to be released but her parents’ training in her care had not been adhered to. She said the child’s parents had stayed over at the hospital “on occasion”. Ms Getty agreed the accused was unrealistic to think he could take the child home. The trial continues.