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Ireland: The two-year-old boy was born in 2012 after his 13-year-old mum became pregnant by her 15-year-old brother.
The teenage boy disputed he was the father, but DNA testing proved the baby was his son.
A High Court judge has now ruled that the agreement of the toddler's mother to a freeing order can be dispensed with because she is incapable of giving consent, the Irish Mirror reports.
Mr Justice O’Hara's verdict came in a case involving family circumstances described as “depressing” and “hugely unsatisfactory”.
Both the mother and her son were taken into care - in different settings - within months of the birth. With no suitable family arrangements available, the toddler has since been placed with another couple.
The Trust involved in the case sought a freeing order on the basis that it is in the boy’s bests interests to be adopted - a view the judge held to be clearly correct.
Although the child’s father took little part in the proceedings, Mr Justice O’Hara had to decide whether the mother’s agreement should be dispensed with because she is incapable of giving consent or whether she is unreasonably withholding consent.
Now aged 16, the court heard she has had an “exceptionally difficult life” with recurring social services involvement due to a variety of concerns about her, her siblings and her mother and step-father.
“None of this is her fault - she is a victim of the way in which she was raised,” the judge said. “It is hard to identify any positive life experience which she has enjoyed.”
An educational psychologist’s report on her mathematical ability found only 3% of pupils the same age would have scored the same or lower on a numerical operations test and just 16% on reasoning. She produced stronger results on reading and spelling abilities.
With staff at her children’s home categorising her as “a very vulnerable young girl”, the judge also detailed a consultant child and adolescent psychiatrist’s report which “sets out in grim detail how miserable her life has been”.
The expert stated: “She is not in a position to fully understand the possible consequences of the various decisions which have to be made for herself and for the boy.
“Her reluctance to fully engage in the assessment process is one manifestation of this but the history and her responses during interviews have also informed my opinion in this regard.”
Based on her reports Mr Justice O’Hara ruled that the mother is not competent to make a decision on whether the child should be adopted.
In a judgement made public last week he said: “She is undoubtedly capable of making some decisions as is shown by some elements of the psychological assessment but not a decision which is of a magnitude and which has the consequences of the present one.
“It appears to me that this finding on her competence undermines the proposition that she can be properly regarded as unreasonably withholding her agreement to adoption.”
The judge confirmed: “I am satisfied that the agreement of the mother to the making of an adoption order for the child should be dispensed with because she is incapable of giving her agreement.”
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The Standard Group Plc is a multi-media organization with investments in media platforms spanning newspaper print operations, television, radio broadcasting, digital and online services. The Standard Group is recognized as a leading multi-media house in Kenya with a key influence in matters of national and international interest.
Standard Group Plc HQ Office,
The Standard Group Center,Mombasa Road.
P.O Box 30080-00100,Nairobi, Kenya.
Telephone number: 0203222111, 0719012111
Email: corporate@standardmedia.co.ke
join Digger Classifieds telegram channel
More stories to check out before you go
Ireland: The two-year-old boy was born in 2012 after his 13-year-old mum became pregnant by her 15-year-old brother.
The teenage boy disputed he was the father, but DNA testing proved the baby was his son.
A High Court judge has now ruled that the agreement of the toddler's mother to a freeing order can be dispensed with because she is incapable of giving consent, the Irish Mirror reports.
Mr Justice O’Hara's verdict came in a case involving family circumstances described as “depressing” and “hugely unsatisfactory”.
Both the mother and her son were taken into care - in different settings - within months of the birth. With no suitable family arrangements available, the toddler has since been placed with another couple.
The Trust involved in the case sought a freeing order on the basis that it is in the boy’s bests interests to be adopted - a view the judge held to be clearly correct.
Although the child’s father took little part in the proceedings, Mr Justice O’Hara had to decide whether the mother’s agreement should be dispensed with because she is incapable of giving consent or whether she is unreasonably withholding consent.
Now aged 16, the court heard she has had an “exceptionally difficult life” with recurring social services involvement due to a variety of concerns about her, her siblings and her mother and step-father.
“None of this is her fault - she is a victim of the way in which she was raised,” the judge said. “It is hard to identify any positive life experience which she has enjoyed.”
An educational psychologist’s report on her mathematical ability found only 3% of pupils the same age would have scored the same or lower on a numerical operations test and just 16% on reasoning. She produced stronger results on reading and spelling abilities.
With staff at her children’s home categorising her as “a very vulnerable young girl”, the judge also detailed a consultant child and adolescent psychiatrist’s report which “sets out in grim detail how miserable her life has been”.
The expert stated: “She is not in a position to fully understand the possible consequences of the various decisions which have to be made for herself and for the boy.
“Her reluctance to fully engage in the assessment process is one manifestation of this but the history and her responses during interviews have also informed my opinion in this regard.”
Based on her reports Mr Justice O’Hara ruled that the mother is not competent to make a decision on whether the child should be adopted.
In a judgement made public last week he said: “She is undoubtedly capable of making some decisions as is shown by some elements of the psychological assessment but not a decision which is of a magnitude and which has the consequences of the present one.
“It appears to me that this finding on her competence undermines the proposition that she can be properly regarded as unreasonably withholding her agreement to adoption.”
The judge confirmed: “I am satisfied that the agreement of the mother to the making of an adoption order for the child should be dispensed with because she is incapable of giving her agreement.”
Your experience on this site will be improved by allowing cookies.
Subscribe to our newsletter and stay updated on the latest developments and special
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Pick your favourite topics below for a tailor made homepage just for you
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The Standard Group Plc is a multi-media organization with investments in media platforms spanning newspaper print
operations, television, radio broadcasting, digital and online services. The Standard Group is recognized as a
leading multi-media house in Kenya with a key influence in matters of national and international interest.
Standard Group Plc HQ Office,
The Standard Group Center,Mombasa Road.
P.O Box 30080-00100,Nairobi, Kenya.
Telephone number: 0203222111, 0719012111
Email: corporate@standardmedia.co.ke
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More stories to check out before you go
A middle aged man who was sentenced to life in prison for defiling his daughter will now serve thirty years in jail following High Court ruling of his appeal in Meru.
The appellant was convicted for the offence of incest that on diverse dates between the year 2013 and 2016 in Imenti Central District, he defiled his daughter.
The man, whose real identity we chose not to publish, however, appealed on grounds that the court did not disclose some vital information at the trial. He further poked holes in the prosecution’s evidence, insisting that they were contradictory.
During the trial, the court was told the appellant’s wife used to be away from home in pursuit of business engagements, thus he used this opportunity to lure his daughter to sexual liaison since the year 2013 when the complainant was in class seven.
Incriminating evidence of what had secretly been happening was laid bare when the complainant became pregnant and revealed that her dad was responsible. An accusation that the man vehemently denied.
The young girl narrated to the court how she first had a sexual encounter with her father in the year 2013 while in class seven. She said he first lured her into the beastly act by volunteering to teach her how to clean her genitalia.
Immediately after the first lesson on how to clean her privates, odd as it may sound, the father penetrated her anal orifice and threatened to kill her if she shared the gory details of the unnatural act.
The prosecution said the man continued to have anal intercourse with his daughter until November 2015 when he had vaginal sex with her. Push had come to shove and the young girl reported the ordeals she had been subjected to by her father to her mother, leading to a nasty confrontation at their home. The verbal exchange spiralled out of control, with the appellant threatening the girl with an axe.
The girl’s mother told the magistrate that the back and forth went on for a while, until when she was called at her daughter’s school and informed that she was pregnant. When asked, the daughter stuck to her guns and insisted that it was her father who was responsible for the pregnancy.
In his mitigation, the appellant claimed that his wife was having an affair with another man of Somali origin. During cross examination, he said he has had a good relationship with her until 2016. This, therefore, informed the trial magistrate in dismissing his defence.
“Considering that our law has not limited life imprisonment to a specific period I am persuaded to temper the sentence with mercy though undeserved,” noted High court Judge Kiarie Waweru in his ruling at Meru court.
Concluding: “I will reduce the sentence from life imprisonment to 30 years imprisonment. To that extent only, the appeal succeeds.”
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Looks like you're using an ad blocker. We rely on advertising to help fund our site.
The Standard Group Plc is a multi-media organization with investments in media platforms spanning newspaper print
operations, television, radio broadcasting, digital and online services. The Standard Group is recognized as a
leading multi-media house in Kenya with a key influence in matters of national and international interest.
Standard Group Plc HQ Office,
The Standard Group Center,Mombasa Road.
P.O Box 30080-00100,Nairobi, Kenya.
Telephone number: 0203222111, 0719012111
Email: corporate@standardmedia.co.ke
2006 Nissan Navara Mileage : 0 Transmission :Automatic Registration Year:2006 Price: KES 1,450,000
2012 Nissan Note Mileage : 82000 Transmission :Automatic Registration Year:2012 Price: KES 550,000
2013 Toyota Auris Mileage : 115342 Transmission :Automatic Registration Year:2013 Price: KES 1,180,000
2011 Toyota Vitz Mileage : 101214 Transmission :Automatic Registration Year:2011 Price: KES 680,000
2011 Subaru Impreza GH6 Mileage : 150476 Transmission :Automatic Registration Year:2011 Price: KES 860,000
Three Bedroom House For Sale Offer Type :Sale Price: KES 7,250,000
Three Bedroom Mansionnett For Sale in Kitengela Offer Type :Sale Price: KES 15,900,000
Townhouse For Sale in Rimpa Ongata Rongai Offer Type :Sale Price: KES 32,000,000
Three Bedroom Bungalow For Sale in Kitengela Offer Type :Sale Price: KES 6,000,000
Townhouse For Sale in Kitengela Offer Type :Sale Price: KES 11,000,000
More stories to check out before you go
A middle aged man who was sentenced to life in prison for defiling his daughter will now serve thirty years in jail following High Court ruling of his appeal in Meru.
The appellant was convicted for the offence of incest that on diverse dates between the year 2013 and 2016 in Imenti Central District, he defiled his daughter.
The man, whose real identity we chose not to publish, however, appealed on grounds that the court did not disclose some vital information at the trial. He further poked holes in the prosecution’s evidence, insisting that they were contradictory.
During the trial, the court was told the appellant’s wife used to be away from home in pursuit of business engagements, thus he used this opportunity to lure his daughter to sexual liaison since the year 2013 when the complainant was in class seven.
Incriminating evidence of what had secretly been happening was laid bare when the complainant became pregnant and revealed that her dad was responsible. An accusation that the man vehemently denied.
The young girl narrated to the court how she first had a sexual encounter with her father in the year 2013 while in class seven. She said he first lured her into the beastly act by volunteering to teach her how to clean her genitalia.
Immediately after the first lesson on how to clean her privates, odd as it may sound, the father penetrated her anal orifice and threatened to kill her if she shared the gory details of the unnatural act.
The prosecution said the man continued to have anal intercourse with his daughter until November 2015 when he had vaginal sex with her. Push had come to shove and the young girl reported the ordeals she had been subjected to by her father to her mother, leading to a nasty confrontation at their home. The verbal exchange spiralled out of control, with the appellant threatening the girl with an axe.
The girl’s mother told the magistrate that the back and forth went on for a while, until when she was called at her daughter’s school and informed that she was pregnant. When asked, the daughter stuck to her guns and insisted that it was her father who was responsible for the pregnancy.
In his mitigation, the appellant claimed that his wife was having an affair with another man of Somali origin. During cross examination, he said he has had a good relationship with her until 2016. This, therefore, informed the trial magistrate in dismissing his defence.
“Considering that our law has not limited life imprisonment to a specific period I am persuaded to temper the sentence with mercy though undeserved,” noted High court Judge Kiarie Waweru in his ruling at Meru court.
Concluding: “I will reduce the sentence from life imprisonment to 30 years imprisonment. To that extent only, the appeal succeeds.”
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Looks like you're using an ad blocker. We rely on advertising to help fund our site.
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