A Dublin man was jailed for three years yesterday for attacking his former girlfriend's baby and fracturing her arm and skull. A month after inflicting those injuries, Dominic Burke picked up 12-month-old Jessica Hernon, shook her and threw her back into her cot, striking her head against the bars.
Judge Cyril Kelly sent Burke to prison despite what he called "glowing" testimonials from a TD, as well as his employer, a peace commissioner and the head chaplain of the prison service. The Dublin Circuit Criminal Court heard Burke was well respected in his local area and was involved in community work and sports.
Before sentence Burke (28), Kilworth Road, Drimnagh, apologised to Ms Catherine Hernon, mother of the victim, and to his own family.
Judge Kelly described the offence as "horrific" and said he had a duty to protect the victim, who would have expected affection from anyone she met. The judge said pictures of the injuries in March were "extremely graphic and nasty". If the first incident in February was a reaction to the baby's crying, Burke had time to draw back on the second occasion in March.
Burke pleaded guilty to assaulting the baby causing her actual bodily harm at Tyrone Place, Inchicore, Dublin, on February 3rd and March 9th last.
Mr Barry White SC, defending, said Burke appeared not to have the maturity to deal with a small child.
Garda Stephen O'Mahony told Mr Patrick Gageby SC, prosecuting, that the baby's mother had formed an attachment with Burke towards the end of 1996. He stayed on occasionally in her home, and while he was not the baby's father he appeared to be a good "surrogate" father to her.
On March 9th, Burke and the woman went out drinking with friends. When they arrived home the baby was asleep in a room where a boy aged 10 was also staying. The boy saw Burke pick the baby up, shake her vigorously and twice throw her back into her cot. The baby swiped her head against the bars of the cot.
The boy also described seeing Burke put a duvet over the baby's face. The baby's mother came into the room and Burke moved away from the cot quickly. When told what had happened, the mother ordered Burke to leave and brought the baby to hospital. Doctors were able to say that Jessica's injuries could not have been accidental. Her face was extremely swollen and bruised, with a bad bruise on the left side of her skull.
Burke was arrested and he admitted he had also assaulted the baby in February, when she suffered a fractured skull, fractured left arm and bruised ribs. Her arm was a "swinging freely" when Burke brought the child to her mother and claimed she had fallen off a couch, the court was told. The baby's mother did not suspect him.
She told Judge Kelly that while Jessica had recovered physically she was very timid and feared men.