A 42-year-old father who repeatedly assaulted his five year old son whom he was “in the habit of hitting every day” has been jailed for three years.
On one occasion David McGuirk of High Meadows, Gouldavhoher Limerick, broke the young child’s arm off a radiator, according to evidence from an older sister.
The father of three who pleaded pleaded guilty to two charges of assault causing harm to his son on dates in April and November 2005 also admitted two charges of child cruelty in respect of his son and his then 10-year-old daughter on other dates in 2005.
At the sentencing hearing at Limerick Circuit Court today, Judge Caroll Moran said a marker had to be “set down to reflect the very serious nature of these offences against vulnerable children”.
Judge Moran also imposed a three-year suspended sentence on McGuirk’s former partner Helen Kinsella (36) of Ballyduane, Clarina, Co Limerick, who pleaded guilty to one charge of child cruelty in respect of the five year old boy on an unspecified date in 2005.
Before imposing the three year sentence Judge Moran described the offences as the “unacceptable abuse of young vulnerable children placed in the care and trust of the two accused parties”.
The court heard that the abuse of the young boy came to light in November 2005 when the family GP referred the child to hospital because of a serious “cauliflower injury” to his ear.
Subsequent examinations revealed other injuries including bruising to the boy’s eye and chest wall area and a series of old scars; one on his right buttocks and one on his hairline.
There was also a history of an old fracture to his right arm.
In a statement to gardai the boy’s 15-year-old sister said the injuries were inflicted by their father and that he was in the habit of hitting his son every day and on one occasion he had struck him with full force into the eye with his fist.
She told gardaí she had witnessed her father breaking the boy’s son off a radiator and also said that he was given regular cold showers and baths to try to hide his bruises.
She also claimed that her younger sister was thumped by the father once or twice a week.
The court heard that the 10-year-old daughter was admitted to hospital in December 2005 with unexplained bruising to various parts of her body.
It was also alleged by the teenager that Helen Kinsella had pushed the boy down a stairs and took a hot iron to his bare buttocks but the court heard there was no evidence to corroborate these claims.
Counsel for the State John O’Sullivan said the case against the mother of five was one of neglecting to intervene in the actions of Mr McGuirk and that she “actively participated in covering up what happened”.
According to victim impact statements, the little boy “is detached and at times shows great sadness”.
The court heard that he is prone to angry outbursts when he remembers what his father did to him and when he was told his father was going to court he said “I hope he gets arrested for 100 years”.
Health care workers said the girl suffers from post traumatic stress disorder and was described as a child who “has suffered great fear”.
Both children who are in the care of separate foster families were described as very traumatised having endured much suffering a the hands of their father.
Before imposing sentence yesterday Judge Moran said there had been an attempt to to cover up the offences by “concealment and lies” and also an attempt to deny culpability.
The judge accepted that Ms Kinsella was the less culpable of the two and that she has full custody of her five children.
Taking into account McGuirk’s guilty plea and the fact he had no previous convictions Judge Moran jailed McGuirk for three years.