JUDGE James McNulty warned a young man from West Cork that the court will be merciless with him if he so much as gives a dirty look to any of the social workers involved in having his newborn baby taken into care.
Court presenter Sgt Tony Mulcahy said the State was seeking to revoke the man’s bail after he had issued a phone threat to a social worker on March 26th.
It is also alleged that he made a threat to the same social worker at Cork University Hospital on April 4th, the day his baby was born and taken into care.
On the morning of March 26th, Gda James Crowley said a social worker contacted the man by phone and informed him that Tusla would be seeking an interim care order in respect of his unborn child.
It is alleged that the father-to-be said social services would not be taking his child.
‘The second she is able to walk, we are leaving the hospital. I will kill every person who tries to take the child,’ is what the accused is alleged to have said to the social worker.
On the day that the baby was born, Thursday, April 4th, the accused is alleged to have muttered: ‘I will choke you’ to a social worker as he passed her, following a meeting at Cork University Maternity Hospital.
Gda Crowley said the comment was witnessed and is now under investigation, and that a file is to be sent to the DPP.
Judge James McNulty noted that the accused was out on bail at the time these alleged threats were made, and they were in violation of his bail conditions.
He also noted that there is already an eight-month suspended sentence hanging over the accused that could be reactivated if he is held to be in breach of bail, or commits an offence.
Flor Murphy, the accused’s solicitor, said his client had not stepped out of line since a 29-day interim care order was made at Bandon District Court on Friday April 5th. The care order does allow access for the parents at the discretion of the social workers.
The solicitor also pointed out that the alleged threats have to be investigated, and that there are, as yet, no charges against his client. ‘It was an emotional time for him last week,’ the solicitor added in mitigation.
Judge McNulty said the accused had been ‘well warned’ at the April 5th court. ‘He was told these people are doing their job and are entitled to do that without being threatened.’
‘If you start threatening social workers you are not going to get to see your child any time soon,’ the judge told the accused.
At the time the alleged second threat was made the child was less than 24 hours old and the plan was to find a foster carer to whom the infant might be entrusted.
Judge McNulty indicated that arrangements have been made for an assessment of foetal damage, which may have occurred by reason of the mother’s drug and alcohol misuse throughout the pregnancy.
‘That is the saddest, gravest detail of the whole story,’ said the judge.
‘This new Irish citizen might have been harmed in gestation – but all of this had yet to be investigated.’
He said social workers need to see what is best for the infant, and his care, and that all of that would take time, so the parents cannot expect their child is going to be returned to their care any time soon.
‘We are dealing with the precious life of a newborn infant,’ he added.
‘Social workers have a statutory duty to act and intervene to ensure the safety of children, whether they are newborn or almost adults. They must be, and will be, protected.’
The judge told the court that what was allegedly said and done, especially at the hospital on the day of the birth, was the ranting and raving of an immature young man in a fraught and highly emotional situation.
‘If it is true and there is a prosecution, it might ultimately be forgiven. But right now, it is only an allegation.’
Judge McNulty refused the garda application to revoke the man’s bail.
Instead, he amended the man’s bail and added a condition that he is not to engage in any threatening words or behaviour of any kind towards social workers in the Child and Family Agency, or Tusla, or any other professional engaged in the care of their infant son.
‘There’s not to be a cross word or a dirty look. Have you got that?’ said the judge, to which the young father replied: ‘Yes.’
