The case of a child care worker charged with wilful neglect of two children in Dublin last year has been adjourned until Friday for the judge to consider his verdict.
Joanna Witkowska, 34, of Wingfield apartment complex in Stepaside, Co Dublin is charged with wilfully neglecting the children at a child-minding facility in Dublin last year.
She denies the charge.
The incident happened on 23 July last year at Giraffe Creche in Belarmine, Stepaside.
Two children, aged between 18 and 19 months, left the premises during a visit by some farm animals and their handler to the creche.
Dún Laoghaire District Court heard they were found by a neighbour together on a green area, beside a small stream, 170 meters from the creche.
They were returned to the creche over 20 minutes later.
It is alleged Ms Witkowska opened a door at the creche, kept it open with a box, and failed to supervise it afterwards, in a manner likely to cause unnecessary suffering to the health of the children or seriously affect their well-being.
The court heard the animal handler said the code for the gate was refused to her and she was told to leave the gate open and come and go as she pleased.
Solicitors for Ms Witkowska said they effectively agreed with the totality of the evidence.
But they argued that leaving the gate open in this case was an oversight but did not amount to wilful neglect.
The court heard gardaí were initially told the children had been discovered three or four minutes after they went missing, directly outside the creche.
But the court was told CCTV footage revealed the children were missing for 15 minutes, before staff became aware one of them was gone.
It heard that the childcare workers were initially unaware that the second child was missing, until the two children were found together.
Solicitor for the defence Dara Robinson questioned whether his client should have been charged at all.
He said she had no direct childcare responsibilities.
A number of childcare assistants had let the children pass them by and go towards the gate, he said.
He denied his client had neglected the children by not ensuring the gate was closed.
He said the incident was "accidental and inadvertent", but did not amount to wilful neglect.
However, lawyers for the prosecution said the children were exposed to danger.
Judge O'Donnell said the children had not come to harm "more by luck than any good management" and he said it was dealt with very badly.
In a separate, unrelated matter, the court heard that the Child and Family Agency Tusla has brought proceedings against the same creche following an investigation by the agency after an RTÉ Investigations Unit programme last year.
The charges relate to child welfare.
That case has been adjourned until 11 February.
