Doctors disagree on cause of injuries

A Cork University Hospital medical professor disagreed with a surgeon at the same hospital saying yesterday that all of the injuries suffered by a woman were consistent with a fall down a stairs in a case where her husband is on trial charged with assault causing serious harm to her.

Anthony Kelleher, aged 42, denies a charge of assaulting his wife Siobhán Kelleher, aged 36, where it is alleged that he intentionally or recklessly caused her serious harm at the family home in Curraheen, Raleigh North, Macroom, Co Cork, on June 12, 2014.

Stephen Cusack of Cork University Hospital was called by Tom Creed, defending, at Cork Circuit Criminal Court.

He testified: “All of the injuries are consistent with a fall from a height.”

These injuries included numerous rib fractures, two spinal fractures, a laceration of the liver, fracture of finger, wrist and arm, and bruising to buttocks, thighs, trunk, and abrasions to face.

Prof Cusack said he had often seen alcoholics with such injuries. He said that from medical evidence of Mrs Kelleher on admission to hospital: “She had at least a bottle of wine consumed.”

It was put to Prof Cusack that his CUH colleague, surgeon Dr Louise Kelly, had said that an injury like the laceration of the liver could not have been caused by a fall down the stairs.

Prof Cusack said: “I am absolutely convinced if you fell down stairs you could rupture your liver. I disagree with Ms Kelly. There is research to support that as well.

“They [Mrs Kelleher’s injuries] are entirely consistent with falling down a stairs, what we call polytrauma injuries to many organs and bones.”

Siobhán Lankford, prosecuting, cross-examined the witness and he accepted that his evidence was based entirely on a review of the medical notes in the case and not on treating her.

Ms Lankford asked him about the potentially life-threatening injury to Mrs Kelleher’s liver.

She asked when was the last time he had made a surgical examination of a patient’s liver as Dr Kelly had done.

Prof Cusack replied: “I don’t think that is an issue, counsel.”

The trial judge, Judge Seán Ó Donnabháin, said to the witness: “Answer the question.”

He then replied in relation to when he had last carried out a surgical examination of a patient’s liver and he replied: “Never.”

Ms Lankford asked Prof Cusack if he would change his view of the injuries resulting from a fall if she told him a clump of Mrs Kelleher’s hair in the bathroom bin was found to have been pulled out of her head.

Prof Cusack replied: “If you go to the bin of my bathroom, you will find hair from my wife in the bin.”

Ms Lankford said such a reply was disingenuous.

Later in the cross-examination, Prof Cusack said he had never said that it was inconceivable that the injuries had been sustained in the way described by the prosecution, but he repeated that many people with alcoholism had many injuries to their body.

Prof Cusack said he and three colleagues had written the CUH policy on responding to domestic violence.

It is anticipated that the jury of nine men and three women will retire to consider their verdict in the case later today.