A FORMER soldier has been jailed for 12 years for the brutal treatment of his infant son. The child would probably suffer brain damage, partial paralysis of his limbs and have impaired eye sight, a paediatrician told the court.
Gerard Tiernan stunned the baby to stop him crying and, when the child stopped breathing, shook him violently to revive him, Dublin Circuit Criminal Court was told.
Tiernan served three years of a sentence imposed in 1990 for an almost identical offence. That baby suffered two broken legs and several broken ribs.
Judge Michael Moriarty said Tiernan had stopped marginally short of murder. This was as "shattering and horrific a case as one could ever imagine." Had Tiernan fought the case and been convicted by a jury, he would have had to impose life imprisonment.
Sgt Francis Sweeney said that on several occasions the child's mother wanted to take her son to hospital but Tiernan would not let her because doctors would know what was happening.
Tiernan (38), of North Great Charles Street, Dublin, pleaded guilty to inflicting grievous bodily harm on his son Paul between October 14th, 1994 and March 14th, 1995.
Prof Denis Gill, a paediatrician, at Temple Street Hospital told Mr Kevin Haugh SC, prosecuting, that the five month old infant was admitted with seizures and continued to have seizures for some time. He had bruising and fractured ribs and was showing signs of brain damage. The child was also crying in an abnormal high pitched manner.
The baby had improved considerably but in his opinion he would have partial limb paralysis in the future and it was feared his vision had been partially damaged.
Though it was difficult to assess the child, who was still very frightened and wary of strangers, he believed Paul would have permanent difficulty in achieving normal brain function.
The court heard the child had been taken into care.
Sgt Sweeney said Tiernan told gardai after his arrest and put my hand over Paul's nose and mouth to cut off the oxygen. He'd then gasp for air and start to breathe normal. Then I'd put him down and he'd be grand."
Tiernan said he would do this; to the child every second night. "I knew this wasn't good for him and I used to count 45 seconds because I knew this was the right time for him to come back and he wouldn't be crying."
In his statement he continued: "Other times I'd hold Paul up by the throat with one hand. He went blue in the face from this a few times, after I'd stop him breathing.
A few times when he would "stun" the child, he would shake him to bring him back. He also used to squeeze the baby's ribs when he would push the child's head forward between his legs.
Tiernan said he really could not say why he had done what he did.
Mr Laurence Wyer (defending, with Mr Barry White SC) said Tiernan's life growing up in Finglas had been a difficult one with deprivation in the home. The family was dependent on charity and the home had a violent atmosphere. Even minor misdemeanours were punished harshly and members were "thrown around".
He was remorseful and realised his offences were extremely serious. He was also reconciled to going to jail for a long period.