Cork court told mother took 35 minutes to report her three-year-old child was missing to gardaí  

It took 35 minutes for a mother to report to gardaí that her three-year-old child was missing in a case where he arrived hungry at night in a grocery shop asking for food, it was confirmed today at Cork District Court.

On being told of this time lag between the arrival of the child in the shop at 9.40pm and hearing confirmation from Sergeant Gearóid Davis that the mother made the call to gardaí at 10.15, Judge Mary Dorgan said she was refusing to deal with the case summarily at Cork District Court.

Now the case will have to go back to the Director of Public Prosecutions for directions as the case is to be dealt with by indictment. Judge Dorgan adjourned the case until December 5 for that purpose.

Judge Dorgan had said last week that she would not decide on jurisdiction until it was clarified how long it took the defendant to report to gardaí that the infant was missing.

In terms of the time line it is not known what time the child left home but he arrived at the shop at 9.40pm, gardaí were called immediately by the shopkeeper and they arrived to attend to the child minutes later. Now it is known that the mother rang the garda station at 10.15pm.

In camera  

This scenario was described at an in camera hearing of Cork District Court where a 39-year-old woman was charged with neglect in respect of the child.

Sergeant John Kelleher outlined the allegations last week: “The three-year-old entered the store alone and complained to the shopkeeper that he was hungry.” 

The shopkeeper immediately contacted the local garda station and officers arrived at the shop and looked after the child, notifying Tusla of the situation also. Arrangements were made for the welfare of the three-year-old.

Based on the mother’s interactions on the phone, gardaí were concerned that she was intoxicated. Sgt Kelleher said gardaí went to her home and found that she was intoxicated.

Judge Dorgan was told that the child is now living with his father.

As the matter was being outlined last week the woman spoke up a number of times but was told by the judge and by her solicitor Eddie Burke that she should not speak at this stage in the proceedings. 

However, she continued to speak, stating: “He has ADHD, he was looking for sweets.” 

Charge

The charge states that on June 21, 2024, at the particular shop, being a person having custody of a child did wilfully neglect him in a manner likely to cause unnecessary effect on his wellbeing, contrary to the Children’s Act.

The judge previously commented: “It is a serious matter for a three-year-old to be out loose around the city at twenty to ten at night.” 

The parties cannot be identified as publication of the child’s name is prohibited in the circumstances by the Children’s Act.