Child cruelty case ‘victims’ may have haemophilia, court is told
A LAWYER for a man and woman charged with child cruelty has spoken of the potential for “monstrous injustice” after a medical report indicated the victims may have haemophilia.
It also emerged there has never been a prosecution here “against this factual backdrop”.
Haemophilia is a mostly inherited genetic illness that impairs the body’s ability to make blood clots. Sufferers can also bruise easily.
The disclosures came during an unscheduled hearing at Enniskillen Magistrates Court, which saw the case urgently listed to apply for bail variations following receipt of a number of reports.
The couple, who are in their 30s and from Enniskillen, cannot be named.
They are accused of two counts each of wilfully neglecting the children in a manner likely to cause unnecessary suffering or injury to health on November 4.
The victims were taken by ambulance to South West Acute Hospital, before being transferred to intensive care in the
Royal Victoria Hospital in Belfast.
A third person was arrested several days later and released pending a report to the PPS.
The pair first appeared in court on November 30. They were remanded on bail until next month.
However, on receipt of several reports the defence moved to relist the cases for applications to amend bail conditions.
The detective in charge of the case agreed to alter one condition but objected to the removal of a requirement for both accused to sign weekly with police.
A defence barri s t er c ontended: “This case has the very distinct hue of a monstrous injustice perpetrated on the defendants.”
He referenced a medical report from a consultant haematologist, which: “Takes on an entirely different impression of the situation. This is a case which is most unlikely to go anywhere near meeting the test for prosecution. It is grossly disproportionate to sign bail weekly when both defendants have surrendered their passports already.”
The detective pointed out the defendants only arrived in the area earlier this year and have no ties to the community.
“I don’t think signing once a week is overly harsh,” she added.
The defence felt the detective’s view “may change considerably on seeing the medical report”.
She responded: “I know what the haematology opinion is and the defence belief that haemophilia may have led to where we are. But further evidence has come to light in relation to another baby in Sussex who ended up in the same situation. That child received urgent medical attention and didn’t suffer the complications of the children in this instance.”
District Judge Steven Keown remarked: “I’m not sure what the excitement is over this condition, or the urgency in having it listed.”
The defence argued: “It remains our view this is disproportionate, and the case is going nowhere expeditiously.”
Judge Keown halted further debate and ordered the signing condition to remain at this stage.
Judge Keown granted an application for Legal Aid for the female.