A chronic alcoholic who ignored his 11-year-old daughter’s pleas for assistance for her mother who lay dead in their apartment for up to four days during Covid-19 restrictions has been jailed.
The court heard both parents were heavy drinkers and after the woman collapsed, the man continued drinking. The child begged and pleaded with her father for help with her mother after she fell.
The woman, who was in end-stage alcoholism, died, but the girl continued to attempt to care for her for approximately four days, bringing her blankets and food, before seeking help from neighbours.
The man, who is now sober and no longer has care of his daughter, told gardaí that he did not remember these events. He said alcoholism had turned him “from a human to a monster.”
The 45-year-old man pleaded guilty at Dublin Circuit Criminal Court to two charges of child cruelty on dates in 2020. He has no previous convictions. The maximum sentence for these offences is seven years imprisonment.
Reporting restrictions apply in the case to protect the identity of the child.
Judge Martin Nolan said the only real issue in this case was whether the accused deserved to go to prison because of the neglect of his daughter.
“Obviously if you have children, you have a solemn duty to mind that child, care for that child and put the interests of that child above your own needs,” said Judge Nolan.
He said the accused and his wife had severe alcohol problems and he did not deal appropriately with his spouse’s death, “to put it in the mildest way.” He said he had afforded no care whatsoever to his child.
Judge Nolan said what the child had to endure was incredibly serious. He said she had to take care of herself in a situation where she was not cared for at all and had the sight of her decomposing mother in front of her. He noted her bad living conditions, poor diet and lack of care for her in relation to hygiene.
He said she has suffered long-term psychological trauma and damage as a result of what she endured. He noted she was doing well in care but was having residual difficulties.
Judge Nolan said the mitigation included the man's guilty pleas, co-operation, the absence of a criminal record and a work history.
The judge said the court took into account to some degree his alcohol problem, but noted the accused had rendered himself into the state where he was unable to look after his child.
He said individuals have a moral and legal responsibility to mind their children and this man failed to discharge his responsibilities. He said the man’s misbehaviour was too serious to avoid a custodial sentence.
Judge Nolan imposed a three-year sentence and suspended the final 20 months.
The investigating garda told Lisa Dempsey BL, prosecuting, that the events came to light when the girl went to a neighbour’s house and told them that she thought her mother was dead.
Emergency services attended at the apartment and noticed a strong smell as they entered. They found the apartment in disarray with clothes, food, rubbish and alcoholic drinks everywhere.
They found the wife of the accused face-down on the ground in the sitting room with a blanket over her.
The court heard the accused man was sitting on the couch and he was intoxicated to such extent that he could not comprehend what was occurring. He gave no response when told his wife had passed away.
The child was taken into care and told gardaí she had sought assistance from her father over the previous few days after her mother collapsed. She gave her mother blankets and pillows, as well as soup.
She said she and her mother had both asked the accused man for help to get her up. Her mother died of inhalation of contents of her stomach due to acute alcohol intoxication.
The court heard there was background of extreme neglect leading up to these events with the child fending for herself, going to the shop and being unable to wash herself as there was no hot water.
The child had not logged onto homeschooling during lockdown. These events coincided with the return to school and the child had organised herself to go to school on two days while her mother lay on the floor.
The man later told gardaí he had been drinking and had little recollection of events.
He told gardaí that the three of them had previously had a good family life, when he and his wife were not drinking, but their drinking had recently gone out of control.
Gardaí put it to him that he had not done anything to protect his daughter from the horrific experience of her mother dying on the floor. He said he did not remember anything from that time, that he was helpless and not himself. He could not believe or explain what had occurred.
He accepted he should have done more but said he was not aware of what was happening.
When photos were shown to him of his wife’s decomposing body he told gardaí: “I don’t remember her like this, in this condition, I am a monster.”
He accepted that the family had a support worker that they could have turned to earlier in the year. He said the child had addicts as parents, they had been unable to take care of themselves and he was ashamed.
He said addiction had been stronger than his values and stronger than his wife and she had paid for it with her life. He said he thinks her death saved his life.
He said it had been like a different world and he had not even realised the needs his child had.
“It’s hard to understand an addicted person when you are not addicted, we are blind then, not a normal person,” he said.
A victim impact statement and psychological report in relation to the child were handed into court but not read out. Ms Dempsey said the child indicated she had been damaged for life.
The garda agreed with Mark Lynam SC, defending, that the period of neglect had been over several months as the drinking of the accused and his wife was in a downward spiral, as well as severe neglect of the child while his wife was critically ill.
Mr Lynam handed in letters and testimonials on his client’s behalf, as well as a letter from his client.
He said there had been a background of alcohol abuse in the families of both the man and his wife, and as time passed they began to drink more and more as their addiction spiralled during 2020.
He said his client had almost drank himself to death like his wife and was in such a degraded state he did not know what was going on.
Mr Lynam said the man is extremely committed to recovery and has made huge progress. He is trying to atone for his parental failings and apologises for the problems he has caused. He asked the court to take into account his early guilty pleas and co-operation.
He said he is unlikely to be back before the courts and now has a positive relationship with his daughter.
