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Man restrained from visiting elderly mother in hospital

The case had been adjourned for two weeks to allow the man to get legal representation
The case had been adjourned for two weeks to allow the man to get legal representation

A man who tried to remove his elderly mother from hospital in breach of court orders has been restrained from visiting her.

The orders were made when the case returned to the High Court, two weeks after it was revealed the woman had to be removed from her home amid concerns for her welfare. She remains under court protection.

A secret recording had revealed the 75-year-old, who has dementia, being verbally threatened and abused by her son. The President of the High Court said it was the worst case he had seen.

Mr Justice Peter Kelly said he was reluctantly making an order preventing the man from visiting his mother in hospital after hearing that security had to be called when he tried to remove her from hospital earlier today.

Mr Justice Kelly had made orders two weeks ago that neither the son nor his father could interfere with the woman's care without the consent of her doctors.

He made the orders as part of proceedings taken by the HSE to have the woman made a ward of court.

The case had been adjourned for two weeks to allow the man to get legal representation.

The judge said the details of the latest development must be put in a sworn statement but said what happened was "indefensible" and it seemed his presence in hospital was not to his mother's benefit.

He warned any breach of his latest orders would be a contempt of court with a penalty of imprisonment.

The incident followed the "disgraceful berating" of this elderly woman evident from a recording by the man's sister of exchanges between him and his parents, the judge said.

The man's sister had told the court in a letter that, during a phone conversation with her father, the latter had not hung up the phone and she had recorded exchanges between her parents and her brother over about half an hour.

The judge said a 23-page transcript of those exchanges showed what occurred was not a "once in a blue moon flying off the handle, it goes on and on".

He had also had a "reluctant confirmation" in court from the father concerning a district court application two years ago for a barring order against his son.

The son told the judge he had no recollection of much of what was on that recording and his mother wanted to go home.

She is "constantly looking for me" and is "highly distressed if I'm not there", he said.

He had just heard what was said about events at the hospital but had no sworn statements about that or other matters and wanted more time to get lawyers.

When he said another sister was in court and wished to say something, the judge said it was best she do so on affidavit.

His father said his wife wanted to go home and he could not remember the district court matter the judge had referred to.

Both men questioned the legality of the woman's removal by gardaí from her home in early June for the purpose of being brought to hospital and said they wanted her returned home immediately.

The judge gave both more time to get lawyers and directed they get all material put before the court to date.

He made orders restraining the son visiting his mother pending further order and continued orders restraining any interference by either the son or father in the hospital's care and management of the woman.

She remains under interim court protection pending inquiry as to whether she should be made a ward of court.

Last month, the judge described as horrific and nauseating, details of the secretly recorded conversation in which the woman was threatened and verbally abused by her son.

A transcript of the recording showed the man making physical threats to his mother, threatening to kick her hard, as well as saying "I will bleeding knock you out" and "I will end you if you don't shut up".

He also tells her it would take two seconds to end her if he covered her mouth. He goes on to call her "brain dead", "thick" and a "tramp".

The court heard doctors who had carried out hip surgery were baffled as to how the woman's new hip became dislocated and there were concerns about physical violence and the inappropriate use of restraint.

Public health nurses and social workers reported concerns about neglect and there was also a concern about financial abuse, the judge said.