An almost nine-year wait for a man to be sentenced after causing “life changing” injuries to his newborn daughter has raised “serious questions” about delays within the Northern Ireland justice system, it has been warned.
As prosecutors consider referring the case to the Court of Appeal over concerns the sentence handed down was unduly lenient, members of Stormont’s justice committee have hit out at the length of time the case took to reach a conclusion at Belfast Crown Court on Tuesday.
The 33-year-old man, who cannot be named to protect the identity of his daughter, avoided being sent to prison after his sentencing for causing grievous bodily harm to her when she was just three weeks old in December 2017.
He was sentenced to two years and ten months, which was suspended for four years, after pleading guilty.
The court heard the man had not provided an explanation for the harm to his daughter, which was found to be consistent with “shaking” the infant, but although he claimed he was unable to recall any incident, he accepted he must have been responsible.
A man was sentenced at Belfast Crown Court on Tuesday after pleading guilty to injuring his baby daughter in December 2017 (Liam McBurney/PA)
The court was told the girl, now aged 8, is non-verbal, has significant mobility issues, continues to suffer seizures and cannot eat or drink by herself.
Her father still has contact with the child, including overnight stays and family holidays.
He had been arrested after the baby was first taken to hospital after being injured, but he was rearraigned in February of this year when he entered his plea.
The slow pace of the case was referred to in court, linked by the prosecuting KC to issues around obtaining medical evidence.
The delay was also said by Judge Mark Reel to be one factor in handing out the suspended sentence.
The deputy chair of Stormont’s justice committee, Emma Sheerin, said she would raise with justice minister Naomi Long the “utterly tragic case which has had a devastating impact on this child and her family”.
“It raises serious questions about the prolonged length of time it takes for cases to make their way through the justice system,” she told the Irish News.
Sinn Féin MLA Emma Sheerin, the deputy chair of Stormont’s justice committee
“This case highlights the wider problems of persistent delays and backlogs faced by many victims and survivors of crime which are at unacceptable levels.
“Victims and their families deserve to have a justice system that is efficient and not burdened by backlogs which can delay cases for years.”
The MLA said she would engage with the minister on victims receiving “justice within a reasonable timeframe”.
Fellow committee member, the SDLP’s Patsy McGlone, said: “It seems incredible that any case should take this long to come before the courts, though I acknowledge the complexity of the case and the need for medical evidence.
“I will be raising my concerns with the justice minister, relevant authorities and the justice committee to understand the reasons for this delay, the sentence handed down and what lessons can be learned moving forward.”
A PPS spokesperson confirmed the prosecution team was “carefully considering” appealing the sentence.
Referring to the lengthy wait in the case, they said: “Delays of this length are uncommon in the criminal justice system.
“They can occur when there are complex evidential issues or expert evidence is required from a limited pool of suitably qualified professional witnesses.”
They added: “Our thoughts remain with the victim and family in this case. We are committed to working with our criminal justice partners to minimise unnecessary delay wherever possible.”
A Department of Justice spokesperson said tackling delays “is one of the biggest challenges facing the criminal justice system”.
“The speed at which cases progress is of huge importance to victims, witnesses, the accused and indeed for all their families and wider community,” they said.
“As such, it has been identified as a key priority by the minister.”
They said its ‘Speeding Up Justice’ programme’ is an “important part of the work being undertaken” by the department.
“This programme takes a whole system approach, focusing on reducing avoidable delay, reducing demand, freeing capacity and facilitating more proportionate and effective responses to offending behaviours,” the spokesperson added.