Judge asks if Kerry girl could reconcile with father who 'hit her nine times with ash branch'

Judge Marian O’Leary suggested the restorative justice approach. File photo

A girl who was struck by her father with the branch an ash tree in May 2019 has no wish to see her father ever again but the sentencing judge has asked the probation service to approach her to see if she would speak to her father.

Another child in the family does meet him for supervised access but the 10-year-old who was struck in 2019 does not want to see him. The defendant and his wife are no longer together.

Judge Marian O’Leary suggested the restorative justice approach and asked: “Is there a way around this at all that they will end up talking?” Joseph Cuddigan solicitor, for the Kerry farmer who admitted the charge which specified assault, ill-treatment or neglect, said: “My client would love that.” 

Judge O’Leary said she understood from the victim impact statement that the child did not wish to see her father any more. However, the judge said: “In a few years this girl is going to be heartbroken and when she has children herself she is certainly going to be heartbroken.

I am willing to try anything to get them over this hump. And admittedly it is a big hump.

The judge said she was taking into consideration the serious ill-health experienced by the defendant at the time of offence, the absence of any previous convictions, the way things were between himself and his wife and his work circumstances at that time.

“I would much rather they would end up in some sort of working relationship. I can easily deal with (sentencing) today but it is more important if this family were back talking together again if at all possible.” 

The defendant said that he hoped that his daughter would be encouraged to see him if she saw that his other child was getting on well with him. He said he was taking baby steps in this regard.

Judge O’Leary adjourned the case for two months for the probation officer to approach the injured party about meeting her father in a supervised setting. The judge said her hope was that this would work out and she could leave the defendant without a conviction.

Inspector James Hallahan said the prosecution was supportive of this approach in terms of restorative justice.

Joseph Cuddigan, solicitor, said the accused had a cancer diagnosis at the time and deferred an operation but was on heavy medication which gave him violent headaches, numbness down one side of his face and tiredness. He said he could not get help and that his wife would allegedly not agree to mind the children even though he said he felt unable to mind them at the time.

Case background

Inspector Gillian Sinnott outlined the background to the child neglect where the charge refers to the wilful assault, ill-treatment or neglect of the 10-year-old exposing her to unnecessary suffering. The injured party and the younger child had come from school to his home where he farmed on that day on May 24, 2019.

“He got cross and broke a branch from a tree and hit her nine or 10 times with the branch… When her mother collected her (and the younger child) she was visibly upset and she told her mother what happened. The matter was reported to the gardaí that evening,” Inspector Sinnott said.

Mr Cuddigan said the farmer was working all of that day and did not feel well and that when the two children argued with each other he raised his voice and told them to stop.

The defendant said in a statement: “I broke a mountain ash twig with light leaves and hit her with it – a light twig.” He also said he was being protective at the time towards the other child who had a history of medical difficulties.

“I regret my hasty behaviour in hitting her with the ash plant,” Mr Cuddigan said: “It was only with the Children’s Act of 2015 that the right of parents to chastise a child came to an end.” 

He said the defendant had been “born in an older Ireland.” The Kerry case was heard originally at Cork District Court because video link – which was unavailable in Kerry – would have been necessary had the case gone to trial.