Garda denies being ‘blinkered’ over cause of disabled girl’s death

An inspector has told the trial of a doctor accused of the manslaughter of her daughter by giving too much sedative that investigating gardaí had not been “blinkered” about that being the only possible cause of death.

Inspector Ger Glavin was being cross examined by the defence on Tuesday in the trial of Bernadette Scully (58).

The Offaly GP is charged with unlawfully killing Emily Barut (11), who was profoundly disabled, at their home at Emvale, Bachelor's Walk, Tullamore on September 15th, 2012. It is alleged that she killed her by an act of gross negligence involving the administration of an excessive quantity of chloral hydrate.

Ms Scully has pleaded not guilty at the Central Criminal Court.

The trial has heard that Emily had severe epilepsy, as well as microcephaly and cerebral palsy. She had the mental age of a six-month old, and could not move or speak.

Insp Glavin gave evidence on Monday of the four interviews conducted with Ms Scully following her arrest in April 2014.

She had explained that Emily had been in a lot of pain for the last two weeks of her life, after having a procedure to replace the tube into her stomach through which she received fluids and medication.

She said she had given her chloral hydrate when she became upset at 2am and 6am, and had given it again when she had an “unprecedented” seizure around 11am. Ms Scully accepted that she had given her too much.

Contributors

Kenneth Fogarty SC, defending, cross examined Insp Glavin, pointing to other possible contributors to her death mentioned in the postmortem report. These included two of her illnesses and inflammation of the lungs.

“Were the investigators’ minds closed off to other possibilities?” he asked.

Insp Glavin said consideration had been given to other possible causes of death, but that “there were excessive amounts of chloral hydrate administered”.

He said the full postmortem report had been put to the accused in interview, and that she had “ample opportunity to highlight any other issues as to cause of death”.

“The gardaí did not enter the interview room blinkered as to chloral hydrate being everything,” he said. “As an investigator and interviewer, I could not ignore the figures Dr Scully produced during interview and also the figures produced in the toxicology report.”

The trial has heard that 220 micrograms of the drug’s metabolite, trichloroethanol, was found in Emily’s bloodstream after her death.

Mr Fogarty asked if it had ever been part of the investigation to find out “what type of quantity of chloral hydrate would give rise to what type of quantity of trichloroethanol”.

“It was, yes,” Insp Glavin replied, adding that working it out was “left to the experts”.

“With all the experts involved, there’s no formula before the jury that equates a level of chloral hydrate with a level of trichloroethanol,” suggested Mr Fogarty.

“I think you tried to illicit that from a number of expert witnesses,” replied the inspector.

Damaged brain

The jury also heard from a consultant neuropathologist, who examined samples of Emily’s brain after her death.

Dr Francesca Brett told the defence that she had found evidence of old damage to the brain from a history of seizures, along with more accute damage from what she thought was a more recent event.

She explained the “red, dead neurons” she found were something that would be seen in people, who had survived six to eight hours after an incident.

The prosecution has now closed its case.

The trial continues before Mr Justice Patrick McCarthy and a jury of seven women and five men.