Wronged mum is reunited with kids

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Wednesday, February 20, 2008

By Chris Thornton

A mum wrongly accused of assaulting her month-old baby girl had her five-year nightmare ended by a judge today.

The High Court ordered that Londonderry woman Louise Mason should be reunited with her three children who had been taken into care when she was accused of the attack.

Mr Justice Gillen also took the unusual step of lifting a publicity ban in the case - saying it would help give Ms Mason "a sense of justice".

The 38-year-old mum, who was cleared of assault by a Crown Court jury in 2004, spoke of her sense of relief at having her children returned to her - including a one-year-old taken by the authorities after she had been found not guilty.

"I have been accused of something I didn't do," she said outside the court today. "It's been an absolute nightmare.

"I fell into religion when my child was ill and it was my faith that kept me strong.

"I always knew in myself I didn't do it; now the courts have recognised that."

Ms Mason has already had the youngest child returned to her, and has already enjoyed increased contact with the other two. One of the girls will now return to her permanently, although the court heard there are still issues about the oldest child, because she has been separated from the mother for so long.

That child had been brought to Altnagelvin Hospital by Ms Mason in October 2002, suffering from abdominal bleeding.

Doctors who treated the baby said the injuries were non-accidental and some later testified that great force would have been needed to cause the internal rupture.

Ms Mason was charged with causing grievous bodily harm to the child, but was cleared by a jury in November 2004.

Publicity about that trial brought forward the doctor who first treated the baby for an unusual infant cancer. The High Court concluded that cancer " was the likely explanation of the child's illness".

Ms Mason described the medic who came forward, identified only as Doctor D, as "my guardian angel".

He raised concerns that no-one had ever sought his medical opinion, and also called for independent paediatricians to give their opinion on the findings of five doctors who gave evidence against Ms Mason.

One of those independent experts said the bleeding tumour was naturally occurring.

With the Foyle Health and Social Services Trust telling the court it no longer intended to call any evidence to back claims of non-accidental injury, it was decided the allegations could no longer form part of the case.

Mr Justice Gillen indicated that the children should be returned to Ms Mason in "a phased, planned way".

The judge said he was aware that lifting the publicity ban could lead indirectly to the children being identified, but he concluded that disclosure would help the mum "address her sense of injustice" - especially because some details of the case were already known in the area where she lives.