Two men have appeared in court in charged with strangling and assaulting a five-month-old baby – one of whom is his father.
It was disclosed both were previously accused of attempted murder but on review by the PPS, it was decided to amend to lesser allegations and there was and “internal dispute” amongst police about charging one of the men at all.
The father who is aged in his twenties and from County Tyrone but cannot be identified to protect the victim and Matthew Woods (20) of Lurganmore Road, Ballygawley are jointly charged with intentionally applying pressure to the baby’s neck affecting his ability to breathe or the blow of blood to his head, as well as assaulting him causing actual bodily harm.
The father is also charged with child cruelty by wilfully neglecting the baby.
A detective constable told Enniskillen Magistrates’ Court all charges could be connected.
She explained police were notified by NI Ambulance Service to a report that the baby had assaulted by family friend.
On arrival the baby’s mother was holding him in her arms.
He was conscious but motionless, with laboured breathing.
The mother said she had returned home from a walk and her daughter said Woods had “battered the baby”.
Woods was intoxicated and when challenged by the mother he left the house.
The child further stated Woods “slapped the baby and hit him with a toy”.
Meanwhile, the father who was also intoxicated, “was shouting he had done nothing and had been asleep,” said the detective, however he had been left in charge of the baby and the little girl.
The baby was taken to South West Acute Hospital where his condition was described as serious.
There was multiple bruising to his face and medical staff believe he may have been grabbed going by the pattern of marks.
Both men were arrested and interviewed and denied everything.
Specialist officers spoke with the child again and she said the baby had “a blue face and a broken mouth”.
She said she had been playing with the baby on the floor when Woods slapped him to keep him quiet.
She said the father did not harm the baby but he had shouted at her earlier and “broke her magic wand because she wouldn’t shut her mouth”.
Objecting to bail the detective said there is a risk of witness interference and there may attempt to influence and pressure, particularly with the father as the mother appears to be supporting him.
“Neither man has provided an account to cover exactly how the baby sustained the injuries,” she said.
Under cross-examination the detective confirmed the custody sergeant did not recommend immediate charging and was prepared to release the men on bail, however, this was overruled by an inspector with the Public Protection Branch.
Lawyers for both men argued bail should be granted pointing out the only witness is a very young child and more investigations will be required.
District Judge Barney McElhome said: “One fact, which is not in dispute, and that’s the injuries to the child when these two defendants were in the house. Someone injured the child somehow. He didn’t do it to himself.
“What’s also not in dispute is these two were left in charge of a child when their mother went for a walk and they spent their time drinking whiskey and Buckfast. Quite frankly anyone with responsibility for a child who behaves like that should be locked up anyway. That’s my personal opinion.”
He decided: “With an enormous degree of reluctance I will grant bail but they certainly don’t deserve it under the circumstances.”
Bail set at £500 with a surety of £750 and there must be no contact by any means with either child or other witnesses including any social media posts.
Both men are banned from consuming alcohol and must have no contact with any child without Social Services approval.
The judge warned: “Any breach will be an immediate revocation of bail and remand in custody.”
The case will be mentioned again at Omagh Magistrates’ Court on October 14.
