Girl at centre of abortion controversy to remain in care of health board

The 13-year-old girl at the centre of the abortion controversy is to remain in the care of the Eastern Health Board after a eight-hour court hearing yesterday. The girl who is pregnant after being raped will remain in the temporary care of the EHB until next week in a development which will allow her to receive medical treatment, possibly including an abortion.

Speculation was rising last night that anti-abortion activists who have linked themselves to the parents in recent days may contest yesterday's decision in the High Court within the next few days.

The decision was arrived at by Judge Mary Fahy in the Children's Court in the face of trenchant opposition from her parents, whose lawyers argued for her to be returned to the care of the family.

The parents, who are from the travelling community, yesterday replaced their original legal team from the free legal aid scheme with a new set of lawyers whose costs will be met from a fund established by anti-abortion activists in Youth Defence.

As on the last appearance in the court on Wednesday, the parents were escorted to and from the court by supporters from Youth Defence and other anti-abortion activists.

Among those present outside the court throughout the day was Mr Peter Scully of Family and Life, several members of Youth Defence and Una Bean Mhic Mathuna of the Irish Civil Rights Association. Youth Defence yesterday advertised in an evening newspaper for funds to support the pre- and post-natal costs of the 13-year-old girl.

Last night, Youth Defence declined to comment on the judgment. The group had originally said it planned to issue a statement but it later changed its mind, on legal advice.

During the hearing, lawyers for the EHB argued that the girl should not be allowed back into the care of her parents. The girl, who is one of 12 children, has been in temporary care since early September, one week after she was raped.

At the beginning of the hearing, Judge Fahy ordered that anyone not directly involved in the case, including the media, be prohibited from entering the courthouse or an area of 100 yards around it.

Journalists were instructed not to film or make recordings in the area, and warned they would be committing a criminal offence if they did.

Shortly after the in camera hearing began, the parents' original lawyers were discharged and replaced by a new team led by Mr Iarfhlaith O'Neill SC. He was assisted by Mr Bernard McDonagh.

Earlier in the week, the parents said they wanted their daughter, who is 12 weeks pregnant, to have an abortion. However, after members of Youth Defence got in contact with them on Tuesday evening, they changed their mind.

As a result, an agreement which had been reached between lawyers for the parents, the EHB and the girl unravelled. This would have allowed the girl to leave the care of the health board and to travel to England for an abortion.

The girl, who is staying with foster parents outside Dublin, is said to be in favour of terminating her pregnancy. A psychiatrist for the EHB who has seen her has reported that she is happy in her present home.

The family has been living by the side of road in two caravans up to this week. In the past few days their caravans have been moved at least three times.

Anti-abortion pro-life activist, Councillor Richard Greene last night congratulated Youth Defence for "tremendous work" in assisting the family of the girl.