Bail being granted against the wish of Gardaí

segaBOY

I wonder what is other boardsies views on bail being granted against the wish of Gardaí?

I wish to refer to a case (which admittedly I only heard about a few minutes ago) where a woman beat her child to death in Tralee back in 2005. Gardaí asked that bail not be granted however the Judge decided to allow the woman out on bail anyway and the woman fled to London where she stayed for 5 years and was only arrested and extradited to Ireland recently.

In a case of this magnitude where a child's life was taken surely there should be some form guarantee that the defendant can't flee?

Anyone's thoughts on this?

From RTÉ:

Tralee Circuit Criminal Court has heard that a woman beat her three-year-old daughter to such an extent, after she soiled the bed, that she died in hospital days later of brain injuries.

The child also had dozens of bruises on her limbs and a post mortem examination attributed the cause of death to swelling of the brain and bleeding of the brain, the court was told.

34-year-old Monika Paczkowska, Fountain Court, Tralee, pleaded guilty to the wilful ill-treatment of her daughter Sefora Kycwak in a manner likely to cause injury or suffering at her home in Tralee on 2-3 August 2005.

A charge of manslaughter was withdrawn.

Deirdre Murphy for the prosecution told Judge Carroll Moran the charge to which the accused pleaded under the Children's Act 2001 provided for a broad range of offences and this was at the most serious level.

Ms Murphy outlined to the court how Sefora was born prematurely and spent some months in hospital, in Holles Street and in Kerry General hospitals before being discharged home.

Neighbours who were called to the house in the early hours of 2 August found Sefora lying lifeless on the stairs and her mother hitting her in an attempt to revive her, Ms Murphy outlined.

The accused said her daughter had vomited after drinking cola and had fallen.

After being transferred to Kerry General Hospital by ambulance, doctors found the child was suffering from a brain bleed and they found extensive bruising.

They did not accept the mother's account that the injuries could be inflicted accidentally and they alerted gardaí.

Sefora died three days later.

Assistant State Pathologist Dr Margot Bolster noted 31 areas of bruising to the head and neck along with dozens of bruises to the limbs and body.

She told the court that she also found older scars on the child's body.

Investigating officer Detective Sergeant Fearghal Pattwell said the accused was interviewed at Tralee Garda Station and did not participate in four of the six interviews, at one occasion throwing herself on the floor.

Gardaí had objected to bail but the accused was granted bail in the High Court and later absconded, Det Sgt Pattwell said.

Almost five years later, in January of this year she was arrested in London and extradited here, Det Sgt Pattwell said.

Paczskowska is from a Roma gypsy family originally from Poland and had come to Ireland as an asylum seeker.

Det Pattwell told the court that the accused had five children with three different fathers and had been married twice.

She was now in a relationship with another man with whom she had another child now aged two.

Denis Vaughan Buckley for the defendant said his client had been examined by a consultant psychiatrist and claimed she had been raped by four men at the age of 14, and had been physically abused by fathers of her children.

Mr Vaughan Buckley said his client accepted that she 'flipped' on the night in question but she did not want to kill her child.

Mr Buckley said Paczskowska was a person of good character who had a terrible life and was now in a relationship with a nice man who was very decent to her and very supportive.

Counsel asked for a suspended sentence, pointing out that his client was currently in protective custody in Limerick Prison and that situation would continue until whatever sentence imposed had been served.

He said Paczskowska still very much grieved the death of her child and apologised for her misbehaviour.

Judge Carroll Moran adjourned the case for sentencing until next Wednesday saying he needed time to consider psychiatric and post mortem examination reports.

He remanded the accused in custody.

JONJO THE MISER

Yeah how the hell was she Granted bail and espically since she was a roma gypsy with no ties to the country thus a very high chance of leaving the country.

segaBOY

JONJO THE MISER wrote: »

Yeah how the hell was she Granted bail and espically since she was a roma gypsy with no ties to the country thus a very high chance of leaving the country.

Intentionally didn't want to bring up her ethnic background because I feel it'll bring the thread completely off topic (as seen before on AH) and that is not the purpose of this thread, but I see what you're saying.

My view is, if someone is suspected of being the cause of death someone (irrespective of nationality), should they not at least be kept under an increased level of scrutiny by the Gardaí or if the Gardaí wish not to grant bail be kept in in custody??

I claim to have zero legal knowledge so feel free to rip that point to shreds :P

TheZohanS

She should have been locked up and spayed, and I mean spayed.

segaBOY

TheZohan wrote: »

She should have been locked up and spayed, and I mean spayed.

According to the article she has since had another child. If I beat a son/daughter to death I wouldn't have the will to bring another child into this world.

Can't understand how she was granted bail and now apparently the manslaughter charge have been dropped

Kimono-Girl

does she still have custody of the 2 year old?

i know from having a child i wouldnt let her anywhere near children again, what about the father of the two year old how can he leave her near his child???

its mind boggling!

donkey balls

jail her and when the sentence is up deport her we have enough home grown scum we dont need to import more

meathstevie

The Gardai can object to bail all they like, the judge decides. Gardai won't object to bail being granted to lightly either, if they have no reason to object they won't.

Black Swan

Poor judgment.

Yakult

This is a backwards country. Not suprised.

jimi_t2

Paczskowska is from a Roma gypsy family originally from Poland and had come to Ireland as an asylum seeker.

I was there thinking ''some complete nutjob here, but people are going to focus on the fact that she's from Poland'' and then I see, hidden halfway down the article, that she's a bloody Roma.

Morlar

So Polish are now asylum seekers ?

That's the first EU country to EU country asylum case I can think of.

Run_to_da_hills

TheZohan wrote: »

She should have been locked up and spayed, and I mean spayed.

Sprayed?

AnonoBoy

Run_to_da_hills wrote: »

Sprayed?

No I think he meant spayed.

Bob the Seducer

Run_to_da_hills wrote: »

Sprayed?

Spayed - as in neutered...

segaBOY

Morlar wrote: »

So Polish are now asylum seekers ?

That's the first EU country to EU country asylum case I can think of.

Presumably she applied for Asylum before they entered the EU. Many Roma came to Ireland seeking asylum back in the late 90s before their countries of origin joined the EU.

J2D2

what the hell is wrong with our country when the gardaí can't stop criminals from being on the street?

goat2

she will go into hiding
does she have the other child with her
but she should be in jail
i would not give a person like my dog to mind, never mind a child

Jay D

It all depends really. Sometimes Gardai take a dislike to an individual and the judge is there to see through it.

I agree with you on this one though she was a flight risk.

But like i say, my opinion is it depends...

DubMedic

R_H_C_P wrote: »

This is a backwards country. Not suprised.

Then do something about it, instead of moaning.

MagicMarker

Wouldn't surprise me if bail was allowed BECAUSE she was a Roma and would likely flee.

Brush > carpet.

FunnyStuff

DubMedic wrote: »

Then do something about it, instead of moaning.

Like what Einstein??

galwayrush

That type of stupitidy caused the brutal rape and murder of a Swiss student in Galway.:mad:

My name is URL

She shouldn't have been granted bail. I think there should be some EU wide legislation brought in that requires the home countries of emmigrant criminals to bear the cost of imprisoning them, be it at home or in the country they reside.

goat2

galwayrush wrote: »

That type of stupitidy caused the brutal rape and murder of a Swiss student in Galway.:mad:

that was a terrible case
to think that beautiful girl would be alive, if he were where he should have been,

Meh, she left the country.. That's as good as jail in my book.
Doesn't affect me if she's gone.

Run_to_da_hills

Deleted User wrote: »

Meh, she left the country.. That's as good as jail in my book.
Doesn't affect me if she's gone.

Less from the tax payers back pocket.

What comes around goes around, hope she faces justice that way.

galwayrush

goat2 wrote: »

that was a terrible case
to think that beautiful girl would be alive, if he were where he should have been,

Definitely, the Garda opposed the scumbag's bail for the rape of a French student in the city, but the Judge overruled and allowed Barry to go free, and sadly we know what happened after that.:mad:

goat2

why is one man getting the final say in such terrible crimes, if that judge had listened to gardai, then that girl in galway would be back with her parents, she was their only child, they must be in an auful way, did the judge who let him off to kill this beautiful girl acknowledge that he was wrong, did he think he knew better than all the gardai, i think they should listen to the gardai a lot more,

domale

candlelover wrote: »

does she still have custody of the 2 year old?

i know from having a child i wouldnt let her anywhere near children again, what about the father of the two year old how can he leave her near his child???

its mind boggling!

how can u talk about something what u didnt see?!
shes a lovely person and she will do everything for her child dont belive in everything what u can find in newspaper!

dubtom

domale wrote: »

how can u talk about something what u didnt see?!
shes a lovely person and she will do everything for her child dont belive in everything what u can find in newspaper!

Someone who batters their child to death is not a lovely person, Fact.

Gunmonkey

domale wrote: »

how can u talk about something what u didnt see?!
shes a lovely person and she will do everything for her child dont belive in everything what u can find in newspaper!

Oh your right, just look how she tried to help teach her daughter not to wet the bed. Bed wetting = a beating.

And when the child went unconcious from said beating, she tried to awaken her....with more beating.

Plus the fact the child had previous injuries, how she can be allowed custody of her other children is baffling.

Its like putting a goat in with a lion going "Ah sure it may have killed the previous goat, but it will be fine now".

metalgear2k2

domale wrote: »

how can u talk about something what u didnt see?!
shes a lovely person and she will do everything for her child dont belive in everything what u can find in newspaper!

troll

biko

This thread has gone from the discussion running on bail - a woman fleeing the courts for 5 years for killing her child, to "a lovely person".

Also please refrain from text speak, even "u" instead of you.
English is a great language, use all of it.

I'm locking this but if someone wants to start afresh, feel free to do so.