A Fermanagh man aged in his thirties who admitted child cruelty after his toddler son ingested cocaine and cannabis was already under a suspended sentence for drugs charges, it has emerged.
Despite the seriousness of the case, which saw the child admitted to hospital following a seizure, a decision was taken not to send the matter to Crown Court.
The defendant – who cannot be named to protect the identity of the toddler – admitted wilfully exposing him in a manner likely to cause him unnecessary suffering or injury to health.
An additional count of causing the child serious harm was withdrawn.
Dungannon Magistrates Court heard the toddler was admitted to hospital on February 9 following “an episode of jerking movements lasting around two minutes”.
The child had initially suffered a choking episode after which he became “floppy”, then lay on the floor for around 10 minutes, during which his eyes were half-open.
Having been taken to hospital by ambulance, the child was noted to be bright and alert, and after a period of observation was discharged.
A toxicology report was received on February 12 which showed the child had cocaine and cannabis in his system.
The defendant was arrested along with another person and provided samples for testing. His mobile phone was seized; however, he would not supply the access code.
During interview he confirmed having a drug addiction, and while clean for some time, he relapsed, but no motivation for this was identified.
He admitted having cocaine and cannabis, and no-one else in his household, including his partner, took drugs, and did not know he had any or that he had resumed use.
The accused said he had bought a small quantity of cocaine on February 9 and sat at the kitchen table, where he broke it up on the back of his mobile phone, and straightened it with a bank card, which he then lost.
In addition, he had taken cannabis by a vape the previous day, and had done this in the presence of the toddler and other children.
He was unable to explain how the toddler ingested cocaine other than to suggest he had sucked the bank card.
Despite the seriousness of the matter, a prosecuting lawyer told the most recent sitting a decision has been taken to deal with the matter in the lower court.
While the defendant was granted bail, he remained in custody since his arrest, and a defence solicitor pointed out the equivalent of a 10-month sentence on remand.
“Everyone will agree this is a very serious matter,” said the defence.
“It is very serious to possess the drugs, but it is aggravated by the desperate situation whereby a child has been exposed to such drugs and suffered an episode.
“It would seem there was minimum intake, but there should not have been any intake at all.
“The defendant is aghast that he exposed his child to such risk.”
District Judge Peter Magill told the defendant: “It is evident from your criminal record that you have drug issues.
“You are in breach of a three-month suspended sentence for possessing cocaine and cannabis.
“You chose to take the same drugs in a house where your child was present, thereby exposing him to risk, and there was injury to health.”
Imposing a sentence of four months’ imprisonment, the judge added: “This is an extremely serious matter.”
He also activated the suspended sentence, making a total of seven months, which has already been served on remand.
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