A father who battered his seven-year-old son with a poker has been jailed for three-and-a-half years by Judge Elizabeth Dunne at Dublin Circuit Criminal Court.
Judge Dunne said she was "speechless at this type of brutality being inflicted on a child of that age". The young victim had not only suffered physically but was also severely traumatised.
Garda Derek Quinn said Kenneth Kearns suffered a broken arm, lost six teeth and had bruising all over his body which also showed signs of "old injury", indicating previous beatings.
Michael Kearns (33), a father of five, of Neilstown Drive, Clondalkin, pleaded guilty to causing serious harm to his son, Kenneth, on November 25th, 1998. He had no previous convictions.
His children were now all in foster care and he had contact with his wife. While on bail he had observed all the conditions and had access to his children only under the supervision of the Eastern Health Board.
Judge Dunne said Kearns's conduct after inflicting the beating, when he failed to get assistance and also stopped his wife from getting medical help, was also difficult to explain.
She added that a sentence of five years was deserved but she was mindful to show leniency only because Kearns had no previous convictions and pleaded guilty at the first instance.
She also took the matters raised by defence counsel Mr Patrick Marrinan into consideration.
Garda Quinn said Kearns hit the boy three to four times with a poker at about 8 p.m. Their other children witnessed the assault. The boy's mother returned from work around 10 o'clock but Kearns pulled the telephone from her and wouldn't let her call an ambulance. Kenneth was crying in pain at this time.
Some hours later Kearns injured himself and ambulances were called. Mr Marrinan noted the psychiatric report indicated his client of limited intelligence. Kearns denied any prior problems in the family.
He had shown remorse when questioned by gardai. Kearns was under severe pressure at the time he assaulted Kenneth, who was his eldest child. He had no sleep and had been given bad news about his work that day.
Mr Marrinan said the victim impact report indicated his son was not completely hostile to Kearns, who was genuinely concerned that he could ultimately be restored to live with his family and take on his responsibilities.
Mr Marrinan added that Kearns acknowledged he had an anger problem which had to be addressed.