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Partner tells trial of note found on day girl died

Bernadette Scully has denied the manslaughter of her daughter Emily Barut by an act of gross negligence
Bernadette Scully has denied the manslaughter of her daughter Emily Barut by an act of gross negligence

The partner of a GP on trial for the manslaughter of her disabled daughter has said he found a note on an envelope in her car on the day the 11-year-old girl died.

But Andrius Koslovskis said there was never a suggestion or idea that Bernadette Scully was suicidal.

Ms Scully, 58, of Emvale, Bachelor's Walk, Tullamore, Co Offaly has denied the manslaughter of Emily Barut by an act of gross negligence.

The prosecution alleges she gave toxic amounts of the the sedative chloral hydrate to her daughter on 15 September 2012.

Gardaí at the scene

Mr Koslovskis told the court he saw an envelope in Ms Scully's car that day but had only read the top line of a note written on it when she took it away from him.

Mr Koslovskis told the court that Emily had been in constant pain and really suffering every day before her death and was having severe seizures.

He said his partner too had been suffering for the six months up to that and was "burnt out".

She had surgery to investigate for cancer in her womb. She had been told by the other doctors in her practice that they would leave if she did not return to work.

On 15 September 2012 Mr Koslovskis had been at a memorial service and returned home. He did not see Emily but Ms Scully told him she was not well and had had a seizure.

She sent him to get medication and when he returned she counted the tablets and said there was not enough and sent him back to get more. He said she was agitated and said that was not the correct amount.

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On one of the trips he made out that day he found an envelope with some writing on it.

He said he became emotional and wanted to ask Ms Scully what was the story but she took the envelope from him and told him to continue where he was going, to get food.

He said he could not remember now what was written on the envelope but when shown it in court he read from it. It said "If anyone thinks I am ... for doing this".

He said today he could not read one of the words.

Mr Koslovskis said he returned with food and tried to get Ms Scully to eat but she did not want to. She then fell asleep and he left her to sleep because she was exhausted.

He was also listening on a monitor for Emily who was also asleep. At 9pm he went to check on Emily to give her a drink and medication and felt she was cold. He panicked and ran to wake Ms Scully but she was not waking up.

"Then I knew that something had gone very wrong," he said. He called an ambulance and said two people would need assistance.

During cross-examination he said he had witnessed Emily having severe seizures in the days before her death.

He became emotional as he was asked to outline the type of seizure she would have.

He said she would be wailing during the severe-type of seizure and would be exhausted after it. "It would take some time for her to come back," he said.

He said Ms Scully would never dream of harming Emily, who was part of and all of their lives. He said he believed Ms Scully could not see herself without Emily - she was her number one priority.

He said there was never, ever a suggestion or idea that she was suicidal.

"She would never dream about it". He said they had never discussed what life would be like without Emily.

When he discovered Emily that day he was "panicked, shocked and in horror."

Sedative drug was ten times therapeutic level, manslaughter trial hears

Earlier the trial heard the level of a sedative drug found in Emily's blood was more than ten times the therapeutic level.

Professor Hans Maurer, an expert in toxicology, was giving evidence on the second day of the trial.

Prof Maurer told the trial he oversaw the analysis of samples taken from the body of Emily, which were sent to Germany for testing.

He said the level of the trichloroethanol, which is chloral hydrate after it is metabolised, was 220 micrograms. The therapeutic level is up to 20 micrograms, he said.

He said the therapeutic levels were set for a living person rather than post-mortem examination samples.

During cross-examination by defence counsel Ken Forgarty, he agreed that the chemical could be produced by metabolism which took place after the brain had died but before the other organs had stopped working.

However he said the person would have to be still breathing for this to happen.

He also agreed with Mr Fogarty that they had not tested the samples for the presence of other medications.

Mr Fogarty said Emily Barut had received four anti-seizure medications and had been prescribed a total of 13 different medications.

Ms Scully's sister Teresa has also given evidence about finding a bag of wet clothing in her sister's home in the days after the death.

She said she was "concerned" at how wet they were. The jury was told it would return to that evidence later in the trial.

Teresa Scully also spoke at length in the witness box about her sister's strength and courage in caring for her daughter.

She said her sister was a devoted, selfless and caring mother who was overjoyed when she was able to conceive Emily on a third attempt at IVF.

"All Bernie ever wanted to do was to have a little baby of her own, and there was no-one more deserving because all she had done all her life was give, give, give," she said.

She said her sister was always a tower of strength and support to her and their family and went on to be just as supportive and strong for Emily.

While "her world went black" when she discovered Emily would struggle in life, she managed to turn it around and her instinct was to care for her".

She said she used her expertise as a GP to improve Emily's quality of life. " She wanted her to be known as Emily the person, not the disable child," she said.

Asked when she discovered there was to be a murder inquiry into her niece's death, she said it was some time later.

"Perhaps I was in denial, but I could not believe anyone would question Bernie's level of care for Emily. It was very frightening."

The trial continues.