A London rabbi charged with performing an illegal circumcision on a baby boy in Dublin has been allowed to return to the UK pending trial after a judge ruled that he was not a flight risk.
Almost three weeks since he went into prison custody in Ireland and was kept in solitary confinement, Jonathan Abraham, 47, had bail set at €60,000 with a range of conditions by Ms Justice Karen O'Connor in the High Court in Cloverhill, Dublin, on Thursday.
Mr Abraham was arrested in Dublin on July 30th and accused of performing a surgical procedure, male circumcision on a child, without being a registered medical practitioner at an address in Dublin 15.
Two days later, the married father of 10, a British citizen from north London, was denied District Court bail, but he lodged a fresh application in the High Court.
The judge heard an outline of the allegations and garda concerns that he would turn up for trial. After money was raised to help him secure bail, the defence proposed a suite of conditions.
Having heard evidence and submissions and receiving testimonials and an affidavit from the accused, Ms Justice O'Connor delivered her on Thursday.
The court heard Rabbi Abraham was a member of the Initiation Society, the oldest Anglo-Jewish organisation, founded in 1745; he was a mohel and trained to perform circumcisions in the UK.
Ms Justice O'Connor noted that Ireland's Chief Rabbi Yoni Wieder had vouched for the accused's character and offered to stand bail and provide him with accommodation in Dublin if necessary.
Chief Rabbi Wieder also agreed with defence barrister Ronan Kennedy SC (instructed by solicitor Michael Staines SC) that it would be frowned upon in the defendant's community if he evaded justice.
Ms Justice O'Connor set bail in his bond of €50,000, raised by the Jewish community, which must be lodged in court, along with a further €10,000 from Mr Wieder, who is to act as an independent surety.
The bail hearing was also told that no one had been prosecuted in this manner before, and the accused could have to remain in custody for up to two years pending trial if he were denied bail.
Mr Kennedy said his client intended to contest the case, which has attracted international attention, and "the entire Jewish community stands fairly and squarely behind him".
Ms Justice O'Connor held that the State had not established he was a flight risk to the requisite for the court to refuse bail.
She noted the hardship his detention had caused his family and held that he didn't have to reside in Ireland when his trial may not be heard for another two years.
Mr Abraham gave evidence briefly, saying, "Yes, fully understood, judge," when he heard the list of bail conditions.
He must carry a mobile phone, provide gardaí with the number within 48 hours of release and be available to take a call six days a week.
That condition did not apply on Saturday, the Sabbath, or some dates when Mr Abraham would not be available due to religious observances.
He must contact Cabra garda station in Dublin every Monday, notify them of any address change, and have no contact with witnesses directly or indirectly, including by social media.
The offence, contrary to the Medical Practitioners Act 2007, could result in a maximum fine of €130,000 and five years imprisonment at the Circuit Court level, but in the District Court, six months in jail or a €5,000 fine.
Detective Garda Megan Furey told Rachel Cadden BL, for the State, that gardaí entered an address in Dublin 15 with the homeowners' consent.
They observed the accused "dressed in a white robe, a doctor's-like gown, with blue gloves and a scalpel in his hand."
There was a table in the middle of the room with a changing pad, scissors and other medical supplies and implements. "Gardaí at this time also observed a very young child on the changing pad naked," she said.
There were three babies, including a set of twins, aged between three and six weeks, in the house, but only one circumcision involving removal of the penis foreskin of an 18-day-old baby boy had taken place.
That infant was brought to a hospital as a precautionary measure. The babies were from Muslim and Christian backgrounds, the court heard.
The twins' mother had asked him through his website, which he used to advertise, to perform the circumcision.
His fees were £70 for travel, £350 for each child with a £70 discount for twins.
The detective said Mr Abraham was not a medical practitioner in Ireland. She said he flew into Dublin around midday and booked a 7 pm return flight for the same date.
Testimonials furnished to the court came from doctors, lawyers and leading figures in the Jewish community in London.
The court heard his family, including his elderly parents, depended on him and being in prison in Ireland, where he is in solitary confinement, had caused them hardship and anxiety.
During exchanges between Detective Garda Furey and Mr Kennedy, it emerged that a 2004 Department of Health report said a rabbi could perform non-therapeutic circumcision for cultural or religious purposes. But she said the report stated it must be done in a sterile environment.
Until his trial, the court heard that he wished to be able to return to his family and undertake his rabbinical duties.
The detective said she was not aware that he was the leader of an orthodox congregation in north London or an expert in Jewish law.
The hearing was told he received a stipend for his work but also got a state benefit.
Directions from the Director of Public Prosecution on his trial venue have to be given, and his case will be listed in the District Court in September.
