Grandmother looking for romance with man illegally trafficked his nine-year-old child into Ireland

A South African grandmother who illegally trafficked a nine-year-old child into Ireland was hoping that a romantic relationship might develop with the child's father, a court has heard.

The 54-year-old woman, who today received a partly suspended two-and-a-half-year sentence, was unaware that the child had been abducted by the father from the mother's custody during a visit. Nothing can be published which may identify the child.

Dublin Circuit Criminal Court heard the woman flew into Ireland with the child and posed as the child's mother's at immigration control under directions of the father in the UK via WhatsApp.

She aroused the suspicions of immigration officials who found the WhatsApp conversation with the child's father on her phone giving her instructions on what to say at border control.

The woman pleaded guilty to organising or knowingly facilitating the entry into the State of a person she knew or had reasonable cause to believe was an illegal immigrant or intending to seek asylum at Terminal 1, Dublin Airport on September 4, 2018.

Dublin Airport

She also admitted the use of a fake affidavit purporting to give her permission to travel with the child and a fake birth certificate for the child on the same occasion.

The court heard that the relationship between the child's father and real mother had broken down. The mother had custody of the child but the father had abducted the child during a visit and brought them to live with a relative in another country, while he lived in the UK.

Gardaí were able to make contact with the mother of the child and, following a DNA test, the child is to be returned to her custody. A TUSLA report indicated the child is doing well.

Dean Kelly BL, defending, said the woman, who works two jobs in South Africa earning a very modest income, had a number of children and grandchildren who were financially dependent on her.

He said she had been deserted by her husband who left her to begin a new relationship.

Counsel said she had known the child's father previously in South Africa and there had been a “romantic aspect” to it. He said they stayed in touch via WhatsApp and she had been “used” to carry out this offence for a man with whom she hoped there would be a romantic future.

He handed in a letter of apology in which she said realised she had committed a crime and made a mistake but said she would never have done had she known the full facts. Mr Kelly said all she wanted was to return home to her family who were in financial straits without her.

Judge Melanie Greally noted the woman was not aware the child had been abducted by the father and was not aware of the full illegality of her actions in bringing the child into Ireland.

She said the woman had been trying to win favour with the child's father in whom she had a romantic interest which she hoped would develop into something more permanent.

Judge Greally imposed a two-and-a-half-year sentence and suspended the final 15 months on condition she leave the jurisdiction and never return.

Child 'looked frightened and upset'

During sentencing, Judge Greally said trafficking illegal immigrants was a very serious crime but this case appeared to fall into the lower range of offending. She noted the woman's guilty plea, co-operation, the fact she has no previous convictions and that she came from a difficult background.

Detective Sergeant Anthony Collins told Ronan Kennedy BL, prosecuting, that the woman arrived on a flight into Ireland with the child and presented at immigration control.

She handed over an affidavit from the child's father purporting to give her, the mother, permission to travel with the child. She also produced a birth certificate naming her as the child's mother.

The woman told immigration officials she was the child's mother and said they were visiting Ireland on holidays, listing a number of attractions they were going to see. The child said the woman was their mother but looked frightened and upset.

Immigration officials were suspicious and asked the woman to hand over her phone. She did this and provided the PIN. Officials found a WhatsApp conversation indicating the the woman was not the child's mother and giving her instructions on what to say at immigration control.

The conversation, which was with the child's father from a UK phone number, went back over several months and continued up to the time she had boarded the plane to Ireland.

During the time the woman was being interviewed, a male presented in Dublin Airport arrivals hall and asked for an announcement of the child's name to be made. When confronted he said he had been on the plane with the child and given the child his phone but forgot to get it back.

'Dropped the pretence'

Det Sgt Collins said as soon as the woman was interviewed at Ballymun Garda Station she dropped the pretence of being the child's mother. She said the trip had been organised and paid for by the child's father who had also organised the fake documents and €1310 found on her person.

She had spent a number of days with the child at their aunt's home before they travelled to Ireland so the child became comfortable with her.

The father of the child had given her “exhaustive detail” via WhatsApp including the names of tourist destinations to give to officials and told her what to say at border control. He had told her to delete the conversation before she travelled but she had not done so.

Det Gda Collins said the woman accepted what she was doing was wrong but she was not aware that the child had been kidnapped. She has no previous convictions.

Det Gda Collins agreed with Mr Kelly that the WhatsApp messages between the accused woman and the child's father included a degree of flirtation and sexual banter. He agreed that the woman appeared to believe there would be a “progression” in their relationship.

He agreed the cash found on her was for expenses but she could take home what was not used.