This article is from page 17 of the 2008-03-18 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 17 JPG
A PROSECUTION taken against a couple accused of assaulting their wheelchair-bound children was with- drawn by the State, after some of the case was heard in court last week.
Martin and Mary Browne of Knockbeg, Kilmihil, had denied as- saulting their wheelchair-bound son and daughter, aged 23 and 17, in the carpark of the West County Hotel, Ennis, on July 15, 2007.
Witness Gillian O’Gorman_ told Miltown Malbay District Court that she was sitting in the lobby of the hotel when she saw a family with two young adults who were both in wheelchairs.
She said the family’s car was parked in a disabled zone and the parents were attempting to put the two young adults into the vehicle.
“The girl didn’t have the ability to communicate. They didn’t have full control of themselves,” said Ms O’Gorman. She said the girl seemed “agitated”.
She said she saw the parents slap- ping the young adults while loading them into the vehicle.
“IT thought the force used was exces- Sive,’ she said. She said she took the registration of the vehicle and made a complaint at Ennis Garda Station.
Defending solicitor Bote O’Kelly put it to the witness, “You made assumptions about the treat- ment of them. Why didn’t you go to the hotel manager? If you were that
concerned why didn’t you go out and intervene?”
She replied, “I was one person. I don’t think anything good would have come of that.”
Mr O’Kelly said that the two young people’s conditions are such that “they are subject to spasm and they jerk a lot. They have to be physically restrained.”
The witness replied, ““There’s a ditf- ference between physically restrain- ing and walloping someone. What I saw was not acceptable. Whatever was happening, the force was exces- sive.”
Mary Browne told the court that both of her children were born with a very rare disease. She said on the date in question, her son started laughing and this upset her daughter. She then got agitated and started jerking in her wheelchair at the hotel.
She said she had to move her daugh- ter’s head to get her into the vehicle.
Asked by her solicitor did she slap the children, she replied, “No. I’ve never slapped the children.”
Mr O’Kelly said Ms Browne has been honoured by President Mary McAleese for her care of the chil- Clone
While giving evidence, Ms Browne broke down in tears. Inspector Tom Kennedy said, “In the light of the evidence presented, the State will withdraw the prosecution.”
Judge Mangan pointed out that the witness was “perfectly justified in doing what she did”’.