A child-minder who shook an 18-month-old baby boy so severely that he suffered brain haemorrhages was given a 12-month suspended prison sentence by Judge Aidan O'Donnell at Castlepollard District Court yesterday.
The mother of three had pleaded guilty at an earlier court sitting to assaulting the baby in her care, thereby occasioning him actual bodily harm, at her home on January 11th, 1996, and on a date unknown between December 1st, 1995, and January 10th, 1996.
Judge O'Donnell had previously prohibited the identification of the baby or his parents and at the request of the family solicitor, Ms Yvonne Hennessy, he extended this to cover print, photograph and videotape coverage.
He also ordered that the defendant should not be named but said that the case should be in the public forum because it was important that people were aware of the possible consequences of any over-robust handling of a baby.
Judge O'Donnell praised the baby's parents. "The court has been very impressed by the very humane attitude of the parents as articulated so eloquently by the child's mother at a previous court hearing."
He said the main incident had happened on January 11th 1996, but the accused woman had admitted to three previous episodes when she had shaken the baby.
The woman had admitted getting angry with the baby and shaking him on January 11th, 1996, because he was crying. About an hour later, she noticed he was unwell and his eyes were rolling. She brought him to Dr Noel Cogan, a local GP, who accompanied him to hospital. From Mullingar General Hospital, the baby was transferred to Temple Street Hospital, Dublin.
Judge O'Donnell said the good news was that the child had recovered well and the prognosis was "very good for a full recovery".
He said the penalties for these offences were a prison sentence not to exceed 12 months and/or a fine not exceeding £1,000. In the defendant's circumstances, a fine would not be appropriate. He sentenced her to 12 months' imprisonment but accepted a recommendation from the court probation officer, Mr Tom Ryder, that the sentence be suspended under certain conditions.
He suspended the sentence for five years on condition that the defendant enter into a £1,000 bond with an independent surety of £1,000 to keep the peace and be of good behaviour; she should never again be in charge of a child under 18 years apart from her own children; and she should co-operate with the Probation Office and the health services as required.