HSE got court order against accused

A jury has heard that the Health Service Executive obtained a court order to prevent the man accused of murdering 14-year-old…

A jury has heard that the Health Service Executive obtained a court order to prevent the man accused of murdering 14-year-old Melissa Mahon from having access to her in the days leading up to her disappearance.

Ronald McManus (44), also known as Ronnie Dunbar, of Rathbraughan Park, Sligo denies murdering the schoolgirl on a date between September 14th and 30th, 2006. He also denies threatening to kill one of his daughters during the same period.

Social worker Catherine Farrelly told the Central Criminal Court that on September 7th, 2006 she applied to the District Court for a care order and an order under section 47 of the Child Care Act preventing the accused from having access to her without the prior consent of the HSE.

Ms Farrelly said Melissa left her family home having made allegations of abuse against her parents and had been spending a large amount of time with the accused and his daughters in the summer of 2006. She said Melissa had come to regard the Dunbar's family as her own and regularly went missing from the care
home in which she was placed by the HSE.

She was last seen by Ms Farrelly at a HSE facility on the morning of September 14th and was later seen by other HSE staff heading in the direction of the Rathbraughan estate.

Her remains were found on the shore of Lough Gill in February 2008.

Ms Farrelly told Isobel Kennedy SC, prosecuting, that she became involved with the Mahon family in April or May 2006. Melissa was unhappy and missing school.

Ms Farrelly made arrangements to meet Melissa and her mother on dates in August 2006 to discuss her education but they were postponed by Mrs Mahon. Melissa had been missing from her family home of two and a half weeks before Ms Farrelly was made aware of that on August 22nd.

The social worker said Melissa was thought to be with the accused man so she went to his house with a garda on August 22nd. He said he did not know where Melissa was and was very concerned about her.

The following day the accused turned up at Markievicz House where Ms Farrelly worked. He told her he had contacted Melissa she would be in touch. Ms Farrelly said that at that stage the accused was the only link they had to Melissa.

She said that the accused described Melissa as "a very hurt and very frightened human being" and he wanted to know why the authorities had not been looking for her earlier.

The next day the accused said Melissa was willing to meet Ms Farrelly under four conditions. They were that no gardaí would be present; that the accused and his daughter would be there; that they would travel to meet her in the accused man's car to an undisclosed location; and that Melissa would be in touch to communicate the location.

Ms Farrelly told the court that she agreed unhappily when the accused said Melissa would disappear if she saw another car approaching.

The court heard that the accused drove to a wooded area in county Sligo by what Ms Farrelly felt was a "circuitous route". There she spoke to Melissa about going into the Lis na Nog residential care centre. Ms Farrelly said the accused also encouraged Melissa to go into care but she was reluctant.

Ms Farrelly and the accused left her in the woods after she refused to go with them and told them she would contact the accused within half an hour to let them know she was safe.

Ms Farrelly said that she received a phone call at work the next day from a Mr McManus and later learned that he was Mr Dunbar.

Ms Farrelly said that after discussions with her colleagues and gardaí it was decided that the accused should keep in contact with Melissa and encourage her to go into care. Mr Dunbar later rang Ms Farrelly and said Melissa was willing to comply.

She was placed in Lis na Nog on August 28th but continued to go missing to spend time with the accused. Ms Farrelly said that Melissa was not getting a chance to settle in or allow staff to engage with her in a therapeutic way.

Ms Farrelly said the accused was called to a meeting in the care home on September 6th to discuss Melissa's inability to settle but he left the facility with Melissa before he was called into the meeting.

The following day court orders were sought and the accused was made aware of them.

Melissa went missing again and was found by gardaí with other young people in an empty house. Ms Farrelly said foster care was then arranged as she was considered to be increasingly at risk.

She was taken to a foster family's home but left near midnight barefooted. Ms Farrelly was called to a house where she found Melissa crying and very upset. Melissa was concerned that the accused would be worried about her and was allowed by Ms Farrelly to send him a text message.

Ms Farrelly took her to Manor Hamilton Garda Station in the early hours of September 14th and they spent the night there. In the morning Ms Farrelly bought her fresh clothes and left her to change in the toilets of Markievicz House. Ms Farrelly left her to make a call about her foster care but Melissa was gone when she returned. Ms Farrelly did not see Melissa again.

Ms Farrelly said that on October 10th, 2006 after gardaí had searched his house, the accused rang her. He was angry that it had not been publicised that Melissa had been the care of the HSE at the time of her disappearance.

Ms Farrelly agreed with Brendan Grehan SC, defending, that a thread going through her contact with the accused was that he felt the authorities had failed Melissa.

She also agreed that during the meeting at the clearing in the woods Melissa had made allegations about sexual abuse by her father and violence from her mother. Mr Dunbar's daughter had said at that meeting that Melissa had marks on her back where she had been burned with cigarettes and Melissa had agreed.

Ms Farrelly said she was aware that similar complaints about Melissa's father had been made by other Mahon children in the UK where they had previously lived. Ms Farrelly said that nothing had been proved and the last complaint was in 1992.

She also agreed with Mr Grehan that Melissa's mother was negative about Melissa rejoining the family following the allegations and had threatened to beat her if she saw her.

She agreed with counsel that Melissa's behaviour deteriorated in care. She had been found sniffing gas and on one occasion threatened to cut herself when approached by gardaí.

Ms Farrelly agreed that when Melissa ran from her foster home she was asked for her father's phone number and gave the accused's number and she was upset with Ms Farrelly because she had stopped her contact with the only person who cared about her.

The trial continues before Mr Justice Barry White and a jury of six men and six women. It is expected to continue for five weeks.