Silence from the Trust - despite a call for openness - Local & National - News

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Silence from the Trust - despite a call for openness

Now we're going to be a family again

Thursday, February 21, 2008

By Chris Thornton

The Trust that seized Louise Mason's children declined to comment on the case last night - in spite of a judge's indication that there should be further scrutiny of the episode.

Mr Justice Gillen said one reason he was lifting a publicity ban on the case was because the mum's five-year nightmare merits "open discussion".

"Public confidence in the process is necessary," he said.

Two of Ms Mason's children were taken into care when she was wrongly accused of battering her month-old baby.

They were being put up for permanent adoption when a doctor who treated the baby stepped forward to clear Ms Mason after reading coverage of the case in the Belfast Telegraph.

The medic, known as Doctor D, had never been contacted about the care orders for the children or the criminal charges against the 38-year-old mum - even though he believed the baby's injuries happened naturally.

A third baby was then taken into care even after Ms Mason had been declared not guilty of the assault by a Crown Court jury.

Even now it is not clear if the baby the 38-year-old was accused of battering will return to her full-time.

The High Court noted that there are "attachment issues". Most of the child's first five years of life have been spent apart from the mum.

Mr Justice Gillen noted that Ms Mason still "harbours a sense of injustice" about the way her case was handled.

The judge partially lifted a ban on publicity about the case yesterday. Ms Mason wanted the facts about the case to be known.

The judge said "the emergence of the changing circumstances of this case merits an open discussion" were why he decided on the partial lifting of the ban.

He said that for reasons of public confidence it is important that the workings of the family law system should be scrutinised.

Ms Mason brought the baby to Altnagelvin hospital on October 19, 2002 " in a collapsed state".

Doctors concluded that a tumour on the child's kidney was bleeding. As well as the bleeding tumour, an infant form of cancer, the doctors found other internal organs were swollen.

Several doctors concluded the injuries were "non-accidental". Ms Mason agreed to have her two youngest children taken into the care of foster parents, but changed her mind several months later.

But the Foyle Health and Social Services Trust, now absorbed into the Western Health and Social Care Trust, pushed for a court order that would allow the children to be adopted.

Ms Mason fought the order. She maintained that she was innocent, although she reluctantly accepted that the baby had been hurt because so many doctors - including one brought in by her legal team - said the injuries were not accidental.

She was also charged with causing grievous bodily harm to the child.

The mum was tried and cleared by a jury.

At that stage Dr D - referred to by Ms Mason as "my guardian angel" - read about the case and came forward.

He was the consultant radiologist who was among the doctors to first treat the baby at Altnagelvin and he said there was "a range of opinion" about what caused the baby's internal bleeding.

His evidence led to several experts being brought into the case - and they concluded the baby's internal bleeding was probably a natural outcome of the cancer tumour.

But because a High Court order against Louise Mason was still in place when the doctor first came forward, a third child was taken from her.

That baby has now been returned, and the other two children taken into care have been visiting her since 2006. One will be returned permanently, but there are still questions about the child that are the subject of the abuse allegations.

The Western Health and Social Care Trust said yesterday that it might issue a statement about the case, but did not return or answer any phone calls later.