Monday 19 February 2018

Irish nanny stays in jail pending baby post-mortem

Orlaith Farrell Boston

LAWYERS for an Irish nanny accused of assaulting a baby – who later died – have accused the prosecution of using US immigration services to keep her behind bars.

Aisling McCarthy Brady is accused of assault and battery leading to the death of Rehma Sabir in January, a claim she denies.

Prosecutors in Boston were yesterday granted 30 more days to prepare for a probable cause hearing because final results of a post-mortem of the baby girl are still pending. They are expected within four weeks. "There are some pretty substantial and complex medical issues associated with this case," Assistant District Attorney, Patrick Fitzgerald told the court.

Ms Brady's defence team yesterday failed to have the $500,000 (€385,000) cash bail set reduced, despite arguing that she has already spent 65 days in jail and charges against her haven't been upgraded.

Ms Brady's defence lawyer told the court that bail had initially been set in January at $5,000. Melinda Thompson accused the prosecution of getting the US federal body for immigration involved so a court would be forced to ask for a bigger bail amount.

Ms Thompson claimed she was on her way to the police station in January with a member of Ms Brady's family to have the nanny released when she learned that Ms Brady was being detained for a further 24 hours because of a request from ICE – US Immigration and Customs Enforcement.

Ms Thompson alleges prosecutors then demanded $1m bail because of the nanny's immigration status. Bail was subsequently set at $500,000 in cash.

The judge refused to hear a bail review and directed lawyers for the defence to petition the Superior Court to revisit the decision. The case is due back in court on April 22.

Irish Independent

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