Wednesday 20 September 2017

Irish nanny accused of killing baby wants case thrown out

Aisling McCarthy Brady was visibly distressed during the court appearance
Aisling McCarthy Brady was visibly distressed during the court appearance

Orlaith Farrell Boston

LAWYERS for an Irish nanny accused of murdering a toddler in Boston have told a judge the prosecution "knowingly presented false and deceptive evidence to the grand jury".

Aisling McCarthy Brady's defence team asked the judge to dismiss the case, saying prosecutors in Massachusetts acted unethically in the way they presented evidence.

The 35-year-old, originally from Lavey in Co Cavan but who had been living in the US for 13 years, denies the murder of baby Rehma Sabir in January.

The one-year-old was rushed to hospital on January 14, breathing but unresponsive. She died in hospital two days later.

A post-mortem examination revealed she had suffered subdural haemorrhaging and had bruising on her buttocks consistent with acute violent shaking.

The defence have claimed that "90pc of the evidence put forward to the grand jury was inadmissible" and the case against Ms McCarthy Brady is so weak it doesn't meet the legal threshold of probable cause.

Ms McCarthy Brady sobbed as she was led into Middlesex Superior Court in the Boston suburb of Woburn yesterday, and was visibly distressed during the 90-minute hearing.

Dressed in an orange top and black trousers, the former nanny shook her head as details of evidence put forward to the grand jury were revealed in court.

Defence lawyer Melinda Thompson told the court that there were, "no witnesses, no DNA" and the case was only indicted because "inadmissible evidence was included".

INJURIES

Ms Thompson said that details of fractures sustained by the baby girl between "two weeks and two months" before her death were central to the prosecutions case – even though the Cavan woman had no access to the baby during this time.

Ms Thompson said that the toddler's mother, Nada Siddiqui, had failed to tell the grand jury that Rehma had fallen off a bed in Pakistan while travelling two months previously.

But it is the prosecution's case that Ms McCarthy Brady had sole custody of, and contact with, baby Rehma during the time the injuries were sustained.

Texts from Ms McCarthy Brady to her husband revealed that she was "not happy" with the "restrictions placed on her" and this "wasn't her dream job", Assistant District Attorney Patrick Fitzgerald told the court.

"All evidence in terms of a head injury pointed to the defendant," he said.

Speaking to the Irish Independent after the hearing, Ms Thompson said Ms McCarthy Brady was "nervous – this is hard".

Judge S Jane Haggerty will consider the dismissal motion ahead of a pre-trial hearing on October 17.

Irish Independent

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