A LAWYER acting on behalf of a man and woman charged with child cruelty, has spoken of the potential for “monstrous injustice” after a medical report indicated the victims may have haemophilia.

It also emerged there has never been a prosecution “against this factual backdrop” in Northern Ireland before, although the court was told what this specifically relates to.

The disclosures came during an unscheduled hearing before Enniskillen Magistrates Court, which saw the cases urgently listed to apply for bail variations, following receipt of a number of reports.

The couple, who are aged in their thirties and from Enniskillen, cannot be named to protect the identities of the children.

They are accused of two counts each of wilfully neglecting twin boys in a manner likely to cause unnecessary suffering or injury to health on November 4.

Ambulance

The boys were taken by ambulance to the South West Acute Hospital, before being transferred to Intensive Care in the Royal Victoria Hospital in Belfast.

A third person was arrested several days later and released, ptending a report to the Public Prosecution Service.

The pair first appeared in court on November 30 where they were connected to the charges and remanded on bail until next month.

However, on receipt of several reports, the defence moved to re-list the cases for applications to amend a number of bail conditions.

The detective in charge of the case agreed to alter one condition, but objected to the removal of a requirement for both accused to sign weekly with police.

A defence barrister contended: “This case has the very distinct hue of a monstrous injustice perpetrated on the defendants.”

He referenced a medical report from a consultant haematologist, which “takes on an entirely different impression of the situation”.

He continued: “This is a case which is most unlikely to go anywhere near meeting the test for prosecution. It is grossly disproportionate to sign bail weekly when both defendants have surrendered their passports already.”

The detective pointed out the defendants only arrived in the area earlier this year and have no ties to the community.

“I don’t think signing once a week is overly harsh,” she added.

The defence felt the detective’s view: “May change considerably on seeing the medical report.”

She responded: “I know what the haematology opinion is and the defence belief that haemophilia may have led to where we are.

“But further evidence has come to light in relation to another baby in Sussex who ended up in the same situation.

“That child received urgent medical attention and didn’t suffer the complications of the children in this instance.”

District Judge Steven Keown remarked: “I’m not sure what the excitement is over this condition, or the urgency in having it listed.”

The defence argued: “It remains our view this is disproportionate, and the case is going nowhere expeditiously.”

Judge Keown halted further debate and ordered the signing condition to remain at this stage.

He ruled any further representations could be made at the next remand hearing in January.

Applying for Legal Aid, the defence said: “The case is heavy and there hasn’t been a prosecution against this factual backdrop in Northern Ireland before.”

Judge Keown granted the application for the female but reserved his decision in respect of the male.