A London rabbi charged with performing an illegal circumcision on a baby boy in Dublin has been allowed to return to the UK pending trial, after a judge ruled that he was not a flight risk.
Almost three weeks since he went into prison custody and was kept in solitary confinement, Jonathan Abraham (47) had bail set at €60,000, with a range of conditions, by Ms Justice Karen O’Connor in the High Court in Cloverhill, Dublin, on Thursday.
Mr Abraham was arrested in Dublin on July 30th and accused of performing a surgical procedure, male circumcision, on a child, without being a registered medical practitioner, at an address in Dublin 15.
Two days later, the married father of 10, a British citizen from north London, was denied District Court bail, but he lodged a fresh application in the High Court.
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The court heard Rabbi Abraham was a member of the Initiation Society, the oldest Anglo-Jewish organisation, founded in 1745; he was a mohel and trained to perform circumcisions in the UK.
Ms Justice O’Connor noted that Ireland’s chief rabbi Yoni Wieder had vouched for the accused’s character and offered to stand bail and provide him with accommodation in Dublin if necessary.
Chief rabbi Wieder also agreed with defence barrister Ronan Kennedy SC (instructed by solicitor Michael Staines SC) that it would be frowned upon in the defendant’s community if he evaded justice.
Ms Justice O’Connor set bail in his bond of €50,000, raised by the Jewish community, which must be lodged in court, along with a further €10,000 from Mr Wieder, who is to act as an independent surety.
The bail hearing was also told that no mohel had been prosecuted in this manner before, and the accused could have to remain in custody for up to two years pending trial if he were denied bail.
Mr Kennedy said his client intended to contest the case, which has attracted international attention, and “the entire Jewish community stands fairly and squarely behind him”.
Ms Justice O’Connor held that the State had not established he was a flight risk to the requisite for the court to refuse bail.
She noted the hardship his detention had caused his family and held that he did not didn’t have to reside in Ireland when his trial may not be heard for another two years.
Mr Abraham gave evidence briefly, saying, “Yes, fully understood, judge,” when he heard the list of bail conditions.
He must carry a mobile phone, provide gardaí with the number within 48 hours of release and be available to take a call six days a week. That condition did not apply on Saturday, the Sabbath, or some dates when Mr Abraham would not be available due to religious observances.
He must contact Cabra Garda station in Dublin every Monday, notify them of any address change, and have no contact with witnesses directly or indirectly, including by social media.
The offence, contrary to the Medical Practitioners Act 2007, could result in a maximum fine of €130,000 and five years imprisonment at the Circuit Court level, but in the District Court, six months in jail or a €5,000 fine.
Directions from the Director of Public Prosecution on the accused’s trial venue have to be given, and his case will be listed in the District Court in September.
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