Case against Laois woman for child cruelty can’t proceed as co-accused is out of country
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SOLICITOR for a woman who is accused of child cruelty and of false imprisonment over a three-year period said it is totally unfair that the state cannot proceed with its case because a co-accused is not in the Irish jurisdiction.
The issue arose at the Family Law sitting of Portlaoise District Court last week when a 43-year-old Laois woman was before it charged with seven counts of false imprisonment on dates between September 2021 and July 2023 and with cruelty to a child on dates between 1 and 23 September 2021 and with cruelty to another child on dates between 1 September 2021 and March 2023.
At the outset of the case Garda Sergeant JJ Kirby said that the state was not in a position to proceed with the case as the co-accused was out of the jurisdiction and the case cannot proceed against the defendant in isolation.
He said gardaí were “doing everything” to locate the other co-accused.
He applied for an adjournment to the new year to allow gardaí more time in their attempts to locate the co-accused.
Solicitor for the defendant, Josephine Fitzpatrick, said she was “diametrically opposed” to the sergeant’s application.
“It’s not her fault the other person cannot be located. If the state can’t locate him then drop the charges. She is taking this matter quite seriously and it’s taking a toll on her mental health,” said the solicitor.
Sgt Kirby said he is not in a position to drop the charges and that he would take Ms Fitzgerald’s pleading back to his legal advisors.
Judge Susan Fay said: “In fairness to the accused, this is going on too long.” She remanded the defendant on continuing bail for a book of evidence to 16 March and marked the case peremptory (case will either go ahead or be struck out).
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