A Polish woman, a member of the Roma gypsy community, appeared at a special sitting of Tralee District Court yesterday, charged in connection with injury to one of her five children who later died.
The three-year-old girl died last Friday. She had been admitted to Kerry General Hospital in the early hours of the previous Wednesday with serious head injuries. A postmortem had shown injuries that were "not consistent with a fall or with children playing", the State prosecutor said during the lengthy remand hearing.
Monica Paczkowska (30), Killeen Woods, Tralee, was charged with wilfully ill-treating a child in her care at the same address in a manner likely to cause unnecessary suffering or injury to the child's health or seriously to affect her well-being on August 2nd to August 3rd last.
The charge was brought under section 246 of the Children Act 2001.
Sgt Fearghal Patwell gave evidence that in reply to the formal charge at Tralee Garda station on August 10th at 7.53pm, Ms Paczkowska had "nothing to say in reply". Judge Leo Malone remanded her in custody to Limerick prison. She is to appear again in Tralee on Thursday.
There was evidence during the almost hour-long hearing of "the ease" with which false passports were obtained. There were claims that the woman's life was in danger and that she faced a trial by her own ethnic Roma community over what happened.
At one point, her solicitor Dave Ramsay strongly reminded the court that Ms Paczkowska was not charged with killing the child.
When asked by Supt Pat Sullivan, prosecuting, about the "serious injuries" with which the child was admitted to hospital, Ms Paczkowska, speaking through a translator provided by the court, said: "Children fight. She could have fallen somewhere. How could I as a mother kill my own child?"
Pressed again by Supt Sullivan that the Assistant State Pathologist Dr Margot Bolster had carried out the postmortem and had found the injuries not consistent with a fall or with children playing, Ms Paczkowska replied through the translator: "Not true".
Ms Paczkowska arrived in Ireland as an asylum seeker and had lived with her partner in Tralee for five years, the court heard. She was in receipt of social welfare. She had five children, the youngest of whom was about 12 months.
The eldest, a boy, from a different relationship, lived with her mother in London. The other children were now in temporary care. There were domestic difficulties with her partner.
Through the interpreter, Ms Paczkowska told the court she had been extremely happy in Tralee and had no intention of leaving her children. "It's like Heaven compared to Poland," she said. Sobbing she said: "I swear on the Bible, I am not going to leave my children."
Supt Sullivan also asked if her life was in danger from members of her own community.
"Your sister told me yesterday your lives are at risk as a result of what happened."
Ms Paczkowska's interpreter said: "Yes. There is going to be a community court as well for her [ Ms Paczkowska]".
Supt Sullivan said the State opposed the bail application on the grounds of the seriousness of the charge and the likelihood she would not wait to stand trial. It was likely the matter would not be dealt with in a district court but would be a trial by indictment, he said. The State's application was for remand in custody.
It had come to light that Ms Paczkowska had sought false documentation and a false passport within the Polish community in recent days with a view to leaving the country, Supt Sullivan said.
"There is also difficulty with the identity of the accused - we have not yet established who this person is," Supt Sullivan said, reading from documentation sent by Interpol in Poland. "A person of that name is wanted in Poland since February last."
Mr Ramsay said Ms Paczkowska had lived in Ireland for five years and had not left the country or come to the attention of the courts here.
Cross-examined by Mr Ramsay, Det Sgt John Brennan told the court in his 23 years as a garda he had experienced that it was "quite easy" to obtain false passports. Ms Paczkowska had no current valid passport.
Ms Paczkowska denied trying to obtain a passport to run away. She knew nothing about an Interpol warrant and had not left this country in five years. She threw away her own passport photo and in Poland passports were easily forged, she claimed.
Judge Malone granted an application for free legal aid. He remanded her in custody.