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Light at the end of the tunnel: Louise Mason outside court yesterday after hearing that she is to be reunited with her family

Silence from the Trust - despite a call for openness

Thursday, February 21, 2008

A report in the Belfast Telegraph has helped reunite an Ulster mother with her children after five years - three years after she was acquitted of assaulting her baby daughter.

A headline in this newspaper caught the eye of a doctor at Londonderry's Altnagelvin Hospital, who eventually helped collate medical evidence which helped acquit 38-year-old Louise Mason in 2004.

the Derry woman's solicitor Carmel McGilloway said the Telegraph's report of the trial, written by Sarah Brett, had led to a "chink of light" at a time when they were "staring down a black hole".

Ms McGilloway, from Brendan Kearney & Co Solicitors in Derry, said: " This was the strangest twist of all.

"There was a reporter from the Telegraph covering the trial.

"In the course of giving evidence Louise Mason, in an attempt to persuade the jury she was telling the truth, said, 'I am prepared to undergo a lie detector test'.

"That was turned into a headline and the doctor, who was a saviour for want of a better word, was reading the paper purely by chance and thought, 'That sounds interesting' and read the text.

"There were a number of matters in the text that triggered in his head that perhaps he knew something about this.

"He then asked the court office in Derry to see which solicitor was dealing with it.

"They gave him my name and number and he rang.

"We met and discussed it, within limits. He said he was quite sure he knew about this case.

"He thought he had been on call and went away and checked his notes and came back and said, 'Yes, I was the doctor on call that night'."

The man, known only as Doctor D, had seen Ms Mason's child when it was first admitted to Altnagelvin Hospital, and later voiced his concern that he had not been contacted to seek his opinion.

Further medial opinion was then obtained which concluded that a " neuroblastoma" was the likely explanation of the child's illness.

In March 2006, the Court of Appeal quashed the earlier care order and remitted the case back to the High Court for a rehearing. Ms McGilloway said: "Where we where at the time, we were staring into this black hole and then suddenly this chink of light appeared.

"It was truly remarkable.

"The doctor who made the approach deserves tremendous credit. Actions such as his would restore your faith in humanity.

"These children were more than likely going to be adopted, but this chink of light changed the whole case."

She added: "It was quite an emotional type of case.

"At the end of the day we are all human beings, even if we are professional lawyers."

Ms Mason has already been reunited with her youngest child - born after the allegations against her first surfaced in October 2002 - and is having increased contact, including unsupervised overnight visits with the other two, one of whom is due to be placed back with her permanently.

However the situation surrounding the child at the centre of the claims is " less straightforward" the court was told.

Altogether, her children have spent up to five years in care.

In 2003 the two eldest children were taken from their mother into care following the eldest child being admitted to hospital with injuries which doctors considered were "non-accidental".

The Trust applied to the High Court for care orders in respect of the children in 2004.

The mother was charged with two counts of causing grievous bodily harm, but was acquitted by a Crown Court jury in November 2004. Mr Justice Gillen reheard the case and decided not to make a care order in respect of three children, thereby allowing them to be re-unified with their mother.

He has now relaxed reporting restriction on the case as he feels that the workings of the family justice system in the case merited public scrutiny and discussion.