Judge refuses blanket media ban on Enniskillen couple charged with child cruelty

copy by Tanya Fowles

The parents of twin boys rushed to hospital after becoming seriously ill during an alleged incident earlier this month, have been charged with child cruelty.

An application was made to ban all media coverage of the case which was challenged by Press, with the judge agreeing this was not appropriate. 

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 the twins in a manner likely to cause unnecessary suffering or injury to health.

Court papers state this occurred on 4 November, however it was two days later before medical and police involvement, and it remains unclear why there is a gap.

The three-month-old boys were first taken by ambulance to 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, pending a report to the Public Prosecution Service.

A detective constable told Enniskillen Magistrates Court the charges against both parents could be connected.

In response to a question by the defence, she confirmed the parents denied the allegations and provided a full account of what they say occurred.

In respect of existing bail conditions, the defence requested a bail condition around contact with the children should be removed, deeming it: “No longer necessary”.

But the detective responded: “We are very concerned over the circumstances of this case. I don’t see why there needs to be a removal of that condition.”

District Judge Steven Keown agreed on this point.

The defence then urged the judge impose a blanket ban on any reporting of the case which was challenged by Press.

Judge Keown ruled such issues are a matter for Press and refused the application. He al so refused to grant a specific order banning the identification of the parents, noting press are aware of their responsibilities to the children.

The cases were adjourned and the couple remanded on continuing bail.

In the aftermath of the incident, it emerged a doctor based at South West Acute Hospital, Enniskillen had been arrested.

Since then the Western Health and Social Care Trust have remained tight-lipped on his status and patient safeguarding procedures, citing employee confidentiality.

The General Medical Council (GMC) previously confirmed they were aware of an alleged incident involving a doctor employed by the Western Health and Social Care Trust, and assured action will be taken to restrict practice if risk to patient safety is identified.

Presently, the doctor is free of any restrictions and remains licensed to practice.

The GMC said he: “Currently holds full registration. This is not a definitive indication of any local restrictions that might also be in place”.

The Western Trust however rigidly refuse to clarify if safeguarding measures have been actioned, persistently citing “Confidentiality issues regarding employees”.

Despite numerous opportunities to provide safeguarding assurances under duty of care to patients and public, which does not contravene employee confidentiality, the Trust are staying silent.

Meanwhile the Public Health Agency confirmed: “An early alert was received from the Western Trust, but it would not be appropriate to comment further on an ongoing police investigation.”

A Department of Health spokesperson said: “It would not be appropriate to comment on an ongoing police investigation.”

This was also the response from the Health and Social Care Board.

The Regulation and Quality Improvement Authority (RQIA) advised: “We understand that the PSNI and Western Trust are undertaking investigations into this issue, however, RQIA is not involved in this matter.”

Consequently, without GMC restrictions on practice and all other agencies stonewalling enquiries, there is no way of establishing if the doctor continues in his regular role at South West Acute Hospital, despite serious criminal charges.