Creche to show video evidence in own defence

A creche facing trial under child protection laws following an RTÉ expose will show almost 40 hours of secretly filmed video evidence in their defence.

The Links Creche and Montessori Ltd, at Abington Wood, Swords Road, Malahide, Co Dublin, and its director Deirdre Kelly, from St Olaves, Kinsealy, Co Dublin, are accused of breaking the Childcare Act and pre-school services regulations.

The prosecution has been brought by Tusla, the Child and Family Agency, as a result of the TV documentary Breach of Trust, by RTE’s investigations unit, which aired in 2013.

The producers of the programme provided the agency with 40 hours of secretly filmed footage.

Dublin District Court was told the prosecution will be depending on two hours of “condensed” footage.

However, the defence want the court to see the remaining 38 hours “that does not show untoward activity”.

Justin McQuade, defending, told Judge John O’Neill he was asking for “a hearing date”, an indication the case may be contested. He said four or five days would be needed for the trial.

Joe Coonan, solicitor for the CFA, told Judge O’Neill it was a matter for the defence how much footage they wanted to rely on. The agecny have “condensed the footage” and isolated the parts related to each summons before the court, he said.

Mr McQuade said the defence have asked the prosecution if there was anything untoward in the rest of the footage. He said there are charges against the creche and “if there are 39 hours of footage that does not show any untoward activity, it is a defence.” The creche owner’s barrister also said that in the absence of any concession from the CFA, the defence will show about 38 hours of video evidence.

Ms Kelly’s lawyer also complained that the defence had received no co-operation in relation to disclosure of documents between RTÉ’s undercover reporter and the programme’s producer.

Addressing that issue, Mr Coonan said the reporter and producer will be called as witnesses and available for cross-examination.

Ms Kelly had been excused from attending the proceedings. Judge O’Neill adjourned the case until next week when the trial date will be set.