A creche worker charged with wilful neglect after two toddlers wandered out of an open playground gate and were found next to a stream has denied the charges against her.
The incident took place at the Giraffe creche in Stepaside, Dublin, on July 2013 last year when two 18-month-old children were discovered by a witness some 170 metres away from the premises.
The case opened at Dún Laoghaire District Court today and was adjourned until Friday.
The defendant, Polish-born Joanna Witkowska (34), with an address at the Wingfield Apartments in Stepaside, was the deputy manager of the creche.
Ms Witkowska is charged with an offence under the Children Act 2001, which carries a fine of up to €1,500 and/or up to a year in prison.
She denied the charge brought against her for opening the playground gate and allowing it to remain open and unsupervised. Defence solicitor Dara Robinson argued leaving the gate open was an oversight but did not amount to wilful neglect.
The court heard Ms Witkowska propped the gate open to allow an animal handler in with several small animals to show the children. The toddlers walked out of the gate, down nine steps, across a road and down a slope behind the apartment block where they were found by a witness.
The witness called 999, and Garda Mandy Lowe from Dundrum Garda station was told when she arrived at the creche the children had been missing for only three or four minutes and were discovered by a staff member on a grass verge outside the creche.
Gardaí left the premises after they were satisfied the children were only missing for minutes and had returned safely.
Garda Lowe said the woman who made the 999 call flagged down the patrol car to show Garda Lowe where she found the toddlers 170 metres away from the creche.
The woman said she waited with the children for 10 minutes until creche workers found them. The gardaí went back to the creche and told Ms Witkowska and another manager, who did not confirm or deny the witness’s report. They told staff to contact the children’s parents.
Sergeant Grace O’Boyle, also of Dundrum Garda station,said that according to CCTV footage, staff were not aware a second child was missing until both children were found.
Judge Hugh O’Donnell will deliver a verdict on Friday at 2pm.