Cork man on trial for cruelty to and assault of his infant daughter denies charges

Ophthalmologist Dr Sarah Moran testified in court she found extensive haemorrhage in the retina of both the baby's eyes, 'highly suggestive' of shaken baby syndrome or abusive head trauma

Accused denied assault causing harm, assault causing serious harm, and cruelty to the child — on various dates from November 25, 2020, to January 2021, when his daughter was about six months old. Picture: Larry Cummins

The trial of a 31-year-old father accused of cruelty to his own baby daughter and counts of assault causing harm and causing serious harm to the infant commenced on Tuesday.

Opening the case, prosecution senior counsel Jane Hyland said the anticipated evidence included answers allegedly given by the accused man when asked questions by social workers.

“He told relevant social workers he had dropped [baby’s name] at home. Subsequent to that, at a further meeting, he told the relevant social worker that in fact he had shaken her on two separate occasions in December 2019, and again on the morning of January 4, 2020.

“That is the State’s case. It is a case that is very difficult for people but you [the jury] must try and approach it as dispassionately as you can.

“You may have an overwhelming sympathy for the child. We are not expecting you to be machines. In the alternative, you may have sympathy for the accused person. I would ask you to listen as carefully as you can to what could be distressing evidence,” Ms Hyland said.

The accused man cannot be named in coverage of the case. This is because of protections for the child in the case under the Children’s Act.

The 31-year-old from Co Cork pleaded not guilty when arraigned at Cork Circuit Criminal Court, to three separate charges.

He denied assault causing harm, assault causing serious harm, and cruelty to the child — on various dates from November 25, 2020, to January 2021, when his daughter was about six months old.

Outlining the anticipated evidence to be given over the next two weeks, Ms Hyland said creche workers encountering the infant would give evidence of bruising and marks to her face, and steps taken by these staff in relation to their concerns at that time. 

Other injuries allegedly observed included blood in the baby’s eyes.

A social worker attending the family’s home found the baby was distressed and lethargic and she was transferred to hospital following an initial visit to South Doc.

On admission to hospital, a consultant paediatrician and consultant ophthalmologist examined the infant and they were immediately concerned for her, Ms Hyland said, adding they found bruising to her face, abdomen and buttocks, a fractured collarbone, and in scans they found blood on the surface of the brain and tearing of the brain’s connective fibres.

“It was the kind of injury usually seen in a high-impact motor vehicle accident,” Ms Hyland said.

Consultant ophthalmologist Dr Sarah Moran testified she found extensive haemorrhage in the retina of both eyes, “highly suggestive” of shaken baby syndrome or abusive head trauma, and she did not believe it could not have occurred in an accidental fall.

Cross-examined by defence counsel Ray Boland SC, Dr Moran agreed her concerns about long-term damage to eyesight were not “borne out yet”.

Judge Dermot Sheehan asked the seven women and five men of the jury to return to Cork Circuit Criminal Court on May 7 for the case, which is expected to take at least until May 16.