Two-year-old suffered ‘permanent injuries’, court hears

A two-year-old girl whose skull fractures were allegedly inflicted in an attempt to kill her has suffered "permanent injuries", the High Court in Northern Ireland has heard.

Prosecutors said the child is likely to develop epilepsy and cannot currently walk unaided as a result of the injuries. The disclosure came as bail was refused to a man charged with attempting to murder the toddler at her home in Bessbrook, Co Armagh.

Darren Fagan (24) denies the allegations and claims the girl was dropped while being carried upstairs by her mother.

Mr Fagan, of Clonavon Avenue in Portadown, Co Armagh, was arrested after the girl was discovered in a “lifeless” condition on October 19th, 2014.

Police on patrol in the area were alerted and told the child was outside the house and had stopped breathing. Officers performed emergency first aid until an ambulance crew arrived, the court heard.

Barrister Kate McKay, prosecuting, said the child’s mother told police Mr Fagan had assaulted her daughter.

On being detained inside the property, Mr Fagan replied: “I didn’t do nothing.”

Mr Fagan was said to have met the girl's mother through Facebook before travelling to stay at her home that weekend. She claimed Mr Fagan had been drinking when the alleged incident occurred, after her daughter had been put to bed.

According to the mother’s account, the child was unsettled and started crying. The mother claimed to have heard a sudden noise like a thud and then seconds later saw Mr Fagan crouched over her daughter’s bed.

“The child wasn’t moving and there was a large lump to the side of her head,” Ms McKay told the court.

Multiple fractures

Detailing the extent of the girl’s injuries, the barrister said she sustained multiple fractures and bleeding on the brain.

“I understand that she has suffered permanent injuries and it’s likely she will develop epilepsy,” Ms McKay told the court. “She also has difficulty moving, she can’t walk unaided.”

During police interviews, Mr Fagan claimed the girl’s mother fell from the stairs while holding her daughter. He also alleged that the woman had been drinking and taking drugs that day. He claimed that, at one stage, she had been smoking a joint as she carried the child upstairs.

Describing his claims as a “cut-throat type defence”, Ms McKay said expert evidence will be used to establish the “mechanics” of the incident. Given that such a report is expected to take another eight weeks, it was conceded that any trial is unlikely to start until the autumn.

Mr Fagan’s legal team based their bail application on the apparent delay in the case. Barrister Aaron Thompson, defending, also contended that his client has mental health issues which have been “magnified” by being held on remand in Maghaberry Prison on the attempted murder charge.

Mr Justice Donnell Deeny said it would be “ridiculous” to suggest any rebuke of the prosecution owing to delays in the case.

Refusing bail, the judge said: “It’s only because of the intervention of the police and ambulance [staff] . . . that this child survived at all, but with very grave injuries.”