Man who abandoned autistic son (7) in Dublin city centre avoids jail

A father-of-two who abandoned his seven-year-old autistic son in Dublin city centre has received a fully suspended sentence.

The man (40), who cannot be named to protect the child’s identity, told gardaí he was in “a bad state” on the night and had formed the idea that his partner had taken his son home.

Dublin Circuit Criminal Court heard that both this child and his younger brother have since been taken into care and have been separated.

The man pleaded guilty to wilful neglect of a child at Customs House Harbour, Dublin city on June 2nd, 2017. He has 13 previous convictions, including convictions for theft and possession of drugs.

A local garda sergeant told Sinead McMullen BL, prosecuting, that on the night in question, a chef in a city centre pub noticed the accused man rummaging around in a recycling bin.

The sergeant said a short time later after the man was gone, the chef noticed a child strapped in a buggy dragging himself along with his feet. The child was about five metres from the water’s edge and was not wearing a coat.

‘Bad state’

The chef attempted to speak with the child, but the boy was unable to reply. The child was taken away in an ambulance and gardaí ­ who were called to investigate were soon notified that a child with a matching description had been reported missing in north Dublin.

The accused man and his partner had attended a party in Dublin city centre that evening alongside their two children, both of whom have been diagnosed with autism. The woman left the party early with the younger child, while the man remained at the party with the older boy.

In interview with gardaí, the man said he had left the party with his son and went into the pub because he needed to use the toilet, leaving the child outside. When he left the pub he did not see the child and formed the idea that his partner had taken both children home.

The man admitted that he was in “a bad state” on the night have taken tablets and alcohol. He did not remember rummaging in the recycling bin.

The court heard that both children have since been taken into care and have been separated. The younger boy is in foster care while the older boy is in residential care and has learned how to speak a few words.

‘Very bad situation’

The sergeant agreed with Cathal McGreal BL, defending, that his client's convictions were consistent with drug addiction and the occasional homelessness that he has faced in Ireland.

She agreed with Mr McGreal that his client was under the influence on the night in question. She agreed his client has said that the diagnoses of his two sons “tipped him” into taking hard drugs.

Judge Melanie Greally said this was "a very sad situation". She said these were not "rational or intentional acts" on the part of the man and that it was not his intention to abandon his child at this location.

Judge Greally said it does not appear he lacked devotion to his children, “but he was ill-equipped to perform the role of parent at that time”. She said she accepts he is “deeply remorseful and ashamed”.

She sentenced the man to two years imprisonment, but suspended the entirety of the sentence on strict conditions.