Wednesday 21 February 2018

Woman sent for trial accused of failing to get medical attention for son’s injured girlfriend

Tom Tuite

A CARER has been sent forward for trial accused of risking the life of her son's girlfriend by failing to get her urgent medical attention after she was seriously attacked in her south Dublin home.

Mother-of-three Nicola Murray was left fighting for her life after she sustained head injuries during an incident in her house in Reuben Walk, in Rialto, Dublin 8, in the early hours of February 5 last.

The 28-year-old was found by her family in her bedroom and she was rushed to Beaumont Hospital for treatment and later transferred to the National Rehabilitation Hospital in Dun Laoghaire.

Paul McMenamy (26), of Donomore Green, in Tallaght, had been charged earlier with assault causing harm to Nicola Murray at her home, on February 5. He is currently awaiting trial.

Earlier this month, his mother, Geraldine McMenamy (45), also with an address at of Donomore Green, in Tallaght, was charged at Dublin District Court in connection with the assault.

She has been accused of endangering Nicola Murray's life by failing to seek urgent medical attention for her after she had been seriously assaulted, on February 5. The charge also alleges that by failing to get medical help for Nicola she created a substantial risk of causing her death or serious harm.

Today Ms McMenamy appeared again at Dublin District Court, where she was served with a book of evidence by Garda Sergeant Michael McNulty. State solicitor Majella Rafterty told Judge Victor Blake that the DPP had consented to Ms McMenamy being sent forward for trial at the next term of the Dublin Circuit Criminal Court, which begins next month.

Ms McMenamy did not address the court and has not yet indicated how she intends to plead. Judge Blake notified her that if she intended to rely on an alibi, as part of her defence, she must inform the prosecution within 14 days.

He granted legal aid after hearing that she did not have a significant income and told her she must sign on at her local garda station three days a week, between 9am and midnight. He also told her that she must have “no contact directly or indirectly with the injured part, the injured party's family or any witnesses in the case". Judge Blake then ordered that she was to be returned for trial.

On May 9 the same judge had held that the case was too serious to be dealt with at district court level and should go forward to the Circuit Criminal Court, which has wider sentencing powers.

In outline of the evidence to determine jurisdiction, Gda Sgt McNulty had said it was alleged that Mrs McMenamy's son, Paul, had been living with Ms Murray at Reuben Walk. It would be alleged that in the early hours of February 5, he seriously assaulted Ms Murray, leaving her unconscious and with serious facial injuries.

Sgt McNulty had said it would also be alleged that were 10 mobile phone calls between Mrs McMenamy and her son. Mrs McMenamy, a care worker qualified in first aid, came to the house at 7am and saw Ms Murray's injuries, it was claimed.

Nicola Murray had serious facial injuries as well as head injuries, and has suffered suffered memory loss due to the alleged attack, the court had also been told.

Gda Sgt McNulty had also said it would be alleged that Mrs McMenamy left the house at 9.30am but returned at 1pm and stayed until 5.30pm and failed to call for medical attention for Ms Murray

An ambulance was called at 5.30pm by Ms Murray's family after they arrived at the house.

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