A man who was secretly recorded allegedly making “vile” threats to his elderly unwell mother has raised issues about the legitimacy of the recording, made on his sister’s mobile phone.
He is seeking a “forensic” analysis of the 33 minute recording, a transcript of which was previously provided to him, as part of High Court proceedings aimed at having his mother returned home from a nursing home to the care of himself and his father.
Two of the man’s sisters were in court on Tuesday and the sister who made the recording said she had no difficulty with it being analysed. The sisters concern was their mother’s welfare and her brother’s complaints were “delaying tactics”, she said.
Her brother was previously invited by a Garda to listen to the recording at a Garda station but he and their father walked out when the recording started, she said.
The president of the High Court, Mr Justice Peter Kelly, was told on Tuesday an unencrypted copy of the recording had been provided to the man.
Gardaí, who have the original recording, are also happy for him to come to a Garda station and listen to it but did not wish to hand it over, he was also told.
In the context of the man contesting the length of the recording, the sister said she was prepared to get the necessary records from her phone service provider.
The judge queried whether any of this was really necessary as the man could swear an affidavit outlining his position concerning the recording and the judge could again listen to it and then decide the competing claims. He told the son he might, in years to come, regret pursuing such matters when the priority should be his mother’s welfare.
‘Daughters from hell’
The judge added he was very sorry to see such disputes between family members especially where the evidence indicated the woman is “profoundly ill”.
Earlier, the woman’s husband said he and his wife have been married 53 years, his wife should be at home and the two sisters were “daughters from hell”.
A third daughter claimed their mother’s condition has deteriorated since she was moved to the nursing home.
At the conclusion of the matter on Tuesday, the judge continued orders for the woman, aged in her seventies and with dementia and other health difficulties, to remain in the nursing home.
He also continued orders restraining visits to the woman by her son and husband arising from complaints by the nursing home about their behaviour during visits.
The son earlier alleged bias by the judge in dealing with the case and asked him to cease dealing with it.
Mr Justice Kelly said he would not recuse himself at a stage where he is case managing the proceedings and the son has yet to file any exhibits referred to in a lengthy affidavit. The son had referred to other affidavits being provided by his father and others but those had not yet been provided, he noted.
The son said he could not provide the material until he got an unencrypted copy of the recording.
The judge adjourned the proceedings to allow the various issues be addressed. Before being moved to the nursing home, the woman was moved to a hospital by court order on application of the HSE after her daughter provided social workers with the recording of exchanges between the son and his parents in their home.
Mr Justice Kelly described those exchanges as “vile and horrible”.
The son is appealing another High Court judge’s refusal to his challenge to the legality of his mother’s hospital detention and all that has occurred since.
He alleges the procedure under which his mother was made a ward of court involved violations of human rights and abuse of power.
