A judge has spoken about cultural differences and has referred to the advice of child support agencies in deciding not to impose a jail sentence on a man who fractured the skull of a three-month-old child.
The child suffered head injuries but is recovering. The judge said the man could avoid a two-year jail term if he completed 240 hours community service.
The Circuit Criminal Court heard yesterday that Romanian Ciprian Mircescu (26), Parnell Street, Dublin, violently shook the baby because he was crying.
Mircescu, an accountant, pleaded guilty to inflicting serious harm to his partner's child and to wilfully neglecting him in a manner likely to cause him unnecessary suffering and injury, three years ago.
Judge Desmond Hogan said that because the child had returned to live with the couple and was now doing well, he would not impose a custodial sentence.
"What happened was of the utmost seriousness but seems to have arisen from cultural differences with regards to children. The child is now getting on well and both parents are now acting responsibly," he said.
"It is a case where a court would normally consider a custodial sentence. However, the various child support agencies were satisfied enough to return him to the parents and I will therefore resist the temptation to send the accused to prison," he concluded.
Det Garda Thomas Feighery told Ms Tara Burns, prosecuting, the first incident happened when Mircescu was minding the child while his partner, Ms Mihaela Dumea, was out shopping. When the baby, Kevin, began to cry, Mircescu gave him some medication but it made him worse and he cried louder.
Mircescu picked Kevin up, shook him and threw him on the couch. He rolled over and fell off, hitting his head on the fireplace.
Following a second "choking" incident, Ms Dumea brought Kevin to Temple Street Hospital on October 1st, 2000, after he had been vomiting for a number of days.
Tests and a CT scan found he had a fractured skull and his brain was bleeding.
He was transferred to Beaumont Hospital for surgical treatment before returning to Temple Street. Kevin was operated on again that December but doctors believe his injuries will not affect him, although a psychological evaluation before he starts school is recommended.
Det Garda Feighery said gardaí and the North Eastern Health Board became involved and Kevin was put into foster care.
Mircescu did not tell Ms Dumea, the gardaí or the health board of the extent of his contribution to Kevin's injuries until May 2002. Until then he just explained a bruise on the baby's head after the violent shaking on a fall from the couch.
Det Garda Feighery told Ms Burns that Mircescu and Ms Dumea met in accountancy college in Romania. He arrived here on June 11th, 2000, but Ms Dumea had been here some time by then. Kevin was born two days after Mircescu arrived but the baby was not his.
He applied for asylum on the basis that he had a child born here but later withdrew both the asylum application and the claim of having a child born in Ireland. The couple have since married.
Ms Claire O'Connor, a social worker, told Mr Michael O'Higgins SC, defending, that Mircescu had attended over 100 case conferences with them and initially did not appreciate the seriousness of his actions.
He now realised what he had done and had shown great understanding in the time that he had been working with them. He said he did not have much experience looking after children and only found out how dangerous it was to shake a baby when he read it on the Internet.