Lawyers for a Dublin creche facing prosecution following an RTÉ exposé have been warned that "time is running out" to decide their plea. The Links Creche and Montessori Ltd, Abington Wood, Swords Road, Malahide, Co Dublin, and director Deirdre Kelly, Saint Olaves, Kinsealy, Co Dublin, are accused of breaking the Childcare Act and preschool services regulations. They have not yet entered a plea.
Yesterday the defence was granted another adjournment after they demanded copies of reports between RTÉ and its “undercover witness”. Ms Kelly had been excused from attending the proceedings at Dublin District Court.
The prosecution has been brought by Tusla, the Child and Family Agency, as a result of the TV documentary Breach of Trust, by RTÉ's investigations unit, which aired in 2013.
The producers of the programme provided Tusla with 40 hours of secretly filmed footage, which will form a major part of the prosecution’s case.
That has been handed over to the defence, who yesterday complained that they were dissatisfied with the level of disclosure to date. Cara Jane Walsh, defending, said that some of that video evidence provided this week on a disc was unreadable. Ms Walsh told Judge John O’Neill at Dublin District Court that two people from RTÉ had been in daily contact with their “undercover witness”.
During the pre-trial hearing, prosecution solicitor David McCoy said the RTÉ witnesses were to be called for continuity purposes in relation to the handling of video footage. He also said that the documentation sought by the defence was outside the Child and Family Agency’s control.
Judge O’Neill adjourned the case for four weeks for mention. He also warned that time was running out and said he hoped that he would be informed as to whether the case was going to be contested.
Tusla alleges that the creche breached regulations by not preventing practices that were “disrespectful, degrading or exploitative”.