'Devoted' Cork mother who picked daughter up by her hair avoids conviction

Witnesses in a park saw the 20-month-old child being kicked in the lower back a number of times and picked up off the ground by the hair.

Cork District Court heard that the mother had spent eight weeks in a residential facility to deal with depression and alcohol issues. File photo

A sentencing judge in the case against a mother who picked her 20-month-old daughter off the ground by her hair and kicked her in the back during a bout of depression said in light of the complete turnaround that it would be unfair to mark it with a conviction.

The case, which has been before Cork District Court a number of times, has now been finalised.

At the time of the incident at a park in Cork on the afternoon of July 18, 2020, the defendant said: “Everyone would be better off if I was gone.” Frank Buttimer, solicitor, said she had no previous conviction of any kind and co-operated fully with the investigation. 

“Her husband has been thoroughly and admirably supportive,” Mr Buttimer said. 

She is a devoted mother – I can assure you of that. She has taken a career break to have time with her children.

The solicitor said the mother had spent eight weeks in a residential facility to deal with depression and alcohol issues and she also undertook post-residential treatment. He said that even having the facts of the case recited in court again was traumatic for her.

Mr Buttimer said the child and family agency, Tusla, closed the file on the family in November 2020, following a thorough examination, finding at that time no identifiable risk. She remains under the care of a consultant psychiatrist. “I cannot envisage circumstances where something like this would happen again,” Mr Buttimer said.

Judge Kelleher said: “This was unfortunately a very serious incident. Members of the public intervened to protect the safety of (the child).

“She has done everything right since. It would be unfair to someone with no previous to mark the matter permanently. Her children are safe. She has done everything right since. Tusla confirms this.” The judge gave her the benefit of a dismissal under the Probation of Offenders Act.

Garda Niall Comerford charged her with one count of child neglect or cruelty where it states that, “being a person having care of a child she did assault the child in a manner likely to cause unnecessary suffering or injury to the child’s health or seriously to affect her wellbeing,” and a second count of being drunk in charge of a child under the age of seven.

Sergeant Pat Lyons reminded the judge of the facts of the case where the defendant went to a suburban supermarket where she purchased a bottle of wine at 6pm on July 18, 2020. She then went to the local park and consumed the bottle of wine.

“A number of independent witnesses became concerned for the 20-month-old child. Witnesses observed her being kicked in the lower back on a number of occasions and she [the mother] picked the child up off the ground by the hair. The child was in a visibly distressed state and members of the public took the child from her. Gardaí arrived and the mother was found sitting on a park bench,” Sgt Lyons said.

The child cannot be identified under provisions of the Children’s Act so in effect none of the parties can be identified.