A father of 10, described as a "paedophile of long standing", was found sitting on the edge of a bed with no trousers or underwear on when gardaí forced their way into his home after they followed his young daughter there from a house where she had been placed in care, the High Court heard yesterday. The gardaí also noticed a tube of spermicidal jelly and an Easter egg beside the man.
A detective sergeant and a team leader with the South Western Area Health Board strongly opposed granting bail to the man pending judicial review proceedings in which he is challenging a four-month prison term imposed last February in the Circuit Court for breach of a District Court order prohibiting him from making contact with his children.
The man's wife has also been refused unsupervised access to the children, all of whom, aged from four months to 13 years, are in care. During yesterday's hearing, the man's wife came into the courtroom, appearing very distressed. She pointed her finger at the man and shouted, "No". She then left.
The social worker said the man had failed to comply with previous court orders or to co-operate with social workers. He had tried to contact the children and made every effort to make their placements unstable. He had tried to snatch one of them. "I implore you not to grant bail," she said.
The detective sergeant told Mr Justice Murphy he forced entry into the man's house on February 15th because he was very concerned for the welfare of the young girl whom two women gardaí had followed. There was closed circuit TV in the house and he could see the various rooms. The man was in an upstairs bedroom, wearing no trousers and smoking a cigarette. He saw a tube of KY jelly and an Easter egg beside him.
The man's wife was in another room. Both denied there was any child in the house but gardaí found the girl hiding behind a chair.
The man is facing trial in relation to sexual abuse allegations and has secured bail in relation to these proceedings.
However, he was jailed for four months by the Circuit Court on February 19th for breach of a District Court order prohibiting contact with his children. He recently lost an application for release under the Constitution. Last week, he took judicial review proceedings in which he is challenging the jurisdiction of the Circuit Court to make the order for his imprisonment.
Seeking bail pending those proceedings, Mr Paul Walsh SC, for the man, described the order as unjust, unfair and unconstitutional.
Mr Felix McEnroy SC, for the health board, , urged the judge to regard the welfare of the children as the highest priority. The Circuit Court judge had described the man as a paedophile of long standing who engaged in "bizarre" sexual behaviour.
Counsel said one would have to look long and hard to find such serious findings as had been made in the Circuit Court. The paedophile behaviour dated back to 1973.
Refusing bail, Mr Justice Murphy said there was an emerging distinction between children's cases and other cases. The Supreme Court had said the interest of children needed to be protected.
There was an obligation on any court hearing matters relating to possible interference with children.
In this case, there was evidence the man had made contact with the children and failed to comply with court orders. It seemed the court should regard the welfare of the children to be a greater consideration than the man's continued imprisonment.
He was fortified in his view by the evidence that the children were beginning to settle in their placements and required a period to adjust.
