Ireland – 2 children abducted by parents each week


September 13 , 2014

Source: Irishexaminer

At least two children a week were abducted by parents taking them in or out of Ireland last year.

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Some 109 new abductions were logged with the Irish Central Authority for International Child Abduction during the year, involving 64 children taken out of Ireland and 45 brought here.

There were also 99 new applications involving access and other legal proceedings relating to children at the centre of transnational custody disputes, meaning the total number of new files received rose by 42%.

In addition, there were 138 cases on hand from previous years, meaning a total of 346 cases — the highest-ever handled by the Central Authority which is part of the Department of Justice.

Justice Minister Frances Fitzgerald said parental child abduction was a growing problem globally. “Ireland is no different and it is important that we are proactive in working with central authorities in other states in resolving complaints regarding international parental child abductions where they arise,” said Ms Fitzgerald.

As with previous years, a large proportion (49%) of the new applications related to children taken to or from Britain and the North; while 9% involved Germany; 7% Poland; 18% other European countries; and 16% the US.

The remaining 9% involved countries further afield, including Australia, New Zealand, South Africa, Colombia, Thailand, and Sri Lanka.

However, that may not reflect the full scale of child abduction as the Central Authority can only work to resolve cases involving countries that are signatories to the Hague Convention on International Child Abduction. Even where both parents are based in signatory countries, the large number of abduction cases carried over from previous years illustrates the difficulty in resolving them.

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Ms Fitzgerald urged estranged parents not to let personal differences become transnational legal battles.

“I would encourage any family to try to resolve their differences before such situations arise and avail of the services available to mediate solutions in the best interest of the children and all those involved,” she said. “The Family Mediation Service is part of the Legal Aid Board and can help families reach agreement without having to resort to court.”

Of the 346 cases processed, 194 related to children taken out of Ireland and in 29 of those it was decided that the children should return to where they had been living.

In 14 of those cases, foreign courts ordered their return and in 15 cases, they were returned voluntarily or an alternative arrangement was agreed by the parents. A further 21 applications were withdrawn and 82 were awaiting resolution by the end of the year.

Of the 152 cases involving children abducted into this country, 74 were unresolved by the end of the year. In 23 cases, it was decided the children should return to where they were living and in 13 of those cases, the return was carried out by consent or voluntarily. A further 21 cases were withdrawn.

See www.legalaid.ie or call the Central Authority for Child Abduction on 01 4790200.

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There were 64 cases of children being abducted from Ireland last year


September 12 , 2014

Source: thejournal.ie

THE DEPARTMENT OF JUSTICE dealt with 109 new cases of child abduction last year, 45 relating to children entering the country and 64 leaving.

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The department acts as the Central Authority for International Child Abduction and its annual report says that, in total, they dealt with 208 new cases last year.

This total also includes cases of  care orders and access applications as well as international child placements.

Including ongoing cases, the authority dealt with a total of 346 cases in 2013.

The abductions related primarily to suspected parental child abductions according to Minister for Justice Frances Fitzgerald.

“Parental child abduction is a growing problem globally reflecting the greater mobility of people around the world and all the consequences of this,” she said today.

Ireland is no different and it is important that we are proactive in working with central authorities in other states in resolving complaints regarding international parental child abductions where they arise.

About half of the cases dealt with last year related to abductions to or from the United Kingdom.

Of the 138 ongoing cases of child abduction, 51 were incoming and 87 were outgoing.

Upon the publication of the report, Fitzgerald said that she hoped many cases could be resolved by families themselves but added that, in most cases, legal remedies are required.

“The resolution of issues around parental child abduction is usually by international law,” she said. “But I would encourage any family to try to resolve their differences before such situations arise and avail of the services available to mediate solutions in the best interest of the children and all those involved.”

Fitzgerald advised families that the Family Mediation Service in the Legal Aid Board can help families reach agreement without having to resort to court.

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Girl in overseas parental tug-of-war ordered to stay in Bay Area


August 29, 2014

Source: sfgate.com 

A 9-year-old girl who has been the subject of an overseas parental tug-of-war should stay with her father in Mill Valley, where she was born, rather than in Ireland, where her mother sent her to school after the marriage broke up, a federal appeals court ruled Monday.

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Under an international treaty designed to prevent kidnappings of children by their estranged parents, children should remain in their nation of “habitual residence,” said the Ninth U.S. Circuit Court of Appeals in San Francisco.

While that can be difficult to determine, the court said, the key question is in which country both parents intended their child to live, the last time they agreed on the subject. That should be overruled only when the child has become so attached to living elsewhere that relocation would clearly be harmful, the court said.

The child’s parents split up in 2009. The next spring her mother, Elaine Murphy, proposed moving back to her native Ireland to attend graduate school and take her daughter along.

Both parents described the move as a “trial period,” the court said, but it continued for three years. The girl went to kindergarten and first and second grades in Ireland but returned to California five times a year, including all summer, to visit her father, David Sloan, who visited her and her mother in Ireland each Christmas.

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The arrangement broke down after Murphy took her daughter out of school for several weeks in spring 2013 while visiting Murphy’s boyfriend.

Sloan went to Ireland and brought the girl back to Mill Valley to live permanently. Murphy did not object at first, and discussed moving back to California to be near her daughter, but filed suit in September 2013 to return the girl to Ireland. The couple’s divorce became final a month later.

Upholding a ruling by U.S. District Judge Jon Tigar in the father’s favor, the appeals court said the parents had evidently agreed in 2010 that their daughter’s “habitual residence” was the United States, after a temporary “trial period” in Ireland. They never reached a contrary agreement after that, the court said.

Although the girl “developed strong ties to Ireland” during her first three years of school, she also maintained family and cultural connections to the U.S. during visits with her father and while in Ireland, Judge Margaret McKeown said in the 3-0 ruling.

Children often adjust to new surroundings, McKeown said, and courts should look for strong evidence of an emotional attachment before overriding the parents’ last mutual agreement on where their child should live.

Thomas Wolfrum, the mother’s lawyer, said she would appeal the ruling. He said most nations that have signed the treaty against parental kidnapping, and at least one other federal court, have given greater weight to the child’s conception of her homeland than to the parents’ onetime agreement.

After the girl attended her first three years of school, made friends, and took lessons in Irish dancing and Gaelic, Wolfrum said, “the place she called home was Ireland.”

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Prevent International Parental Child Abduction: Letter of Parental Authorization for Minors Traveling


January 30 , 2014

Source: gomexico

In order to prevent international child abductions, many countries require children who are traveling without their parents to present documentation that proves that the parents authorize the child to travel.

American_Child

In the past, it was an official requirement of the Mexican government that any child entering or exiting the country should carry a letter of permission from their parents, or of the absent parent in the case of a child traveling with only one parent.

In many cases the documentation was not asked for, but it could be requested by immigration officials.

Since January 2014, new regulations for children traveling to Mexico stipulate that foreign children who travel to Mexico as tourists or visitors for up to 180 days only need to present a valid passport, and are not required to present other documentation. However, Mexican children, including those holding dual citizenship with another country, or foreign children residing in Mexico who travel unaccompanied by either parent are required to show proof of their parents permission to travel. They must carry a letter from the parents authorizing travel into Mexico. The letter must be translated into Spanish and legalized by the Mexican embassy or consulate in the country where the document was issued. A letter is not required in the case of a child traveling with only one parent.

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Note that these are the requirements of the Mexican immigration authorities. Travelers must also meet the requirements of their home country for exit and return.

Here is an example of a letter of authorization for travel:

 (Date)

I (parent’s name), authorize my child/children, (child/children’s name) to travel to (destination) on (date of travel) aboard Airline/Flight # (flight information) with (accompanying adults), returning on (date of return).

Signed by parent or parents
Address:
Telephone/Contact:

Signature/Seal of Mexican embassy or consulate

The same letter in Spanish would read:

(Date)

Yo (parent’s name), autorizo a mi hijo/a (child’s name) a viajar a (destination) el (date of travel) en la aerolinea (flight information) con (name of accompanying adult), regresando el (date of return).

Firmado por los padres
Direccion:
Telefono:

(Signature / Seal of Mexican embassy) Sello de la embajada Mexicana

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28 children taken to Ireland from UK in parental abduction cases


30 December 2013

Source: TheJournal.ie

BRITISH GOVERNMENT FIGURES show there were 28 cases in the past year involving children who were abducted from a parent or guardian in the UK and taken to Ireland.

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Total figures for parental child abduction and international custody cases have been revealed by authorities in Britain as they seek to raise awareness of the problem ahead of an expected spike in cases after Christmas.

They relate to cases whereby a child was taken out of the UK against the stipulation of a court order or against the will of one parent.

The number of cases involving the Foreign Office has more than doubled in the last decade, from 272 in 2003-2004 to 580 in the past year. Cases involving children taken to Ireland accounted for the fourth largest number of such incidents; Pakistan accounted for 35 cases, followed by the US (32) and Poland (29).

Contrary to the belief that fathers are most often to blame, mothers are responsible for 70 percent of the abductions, the Foreign Office said. Charities involved in child abduction said there was a spike in cases just after Christmas last year, and again in September following the summer holidays.

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Figures from the Department of Justice here show there were 83 cases of suspected abduction in in 2012 relating to attempts to bring children out of the country. The Department also dealt with 64 cases involving children entering the state.

Speaking earlier this year upon the release of the Irish figures, Justice Minister Alan Shatter said that parental-child abductions remained a “worrying problem”.

The UK Foreign Office has produced this video aimed at encouraging parents to consider the consequences of taking a child out of the country without permission…

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New FCO figures show parental child abduction cases on the rise


December 17 , 2013

Source: www.gov.uk

The number of parental child abduction and custody cases has more than doubled over the last decade *, with almost two children being abducted abroad each day, according to new figures released today by the Foreign & Commonwealth Office (FCO) and charity, Reunite.

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The FCO has launched a hard-hitting film, Caught in the middle, to highlight the issues and encourage parents to think of the consequences before doing something that could do lasting damage to the children and families involved.

In 2003/04 the FCO was involved in 272 new parental child abduction and international custody cases. In 2012/13 that figure rose to 580, the second highest figure ever recorded.

This year alone**, Reunite – a charity that provides advice and support to parents involved in parental child abduction cases – has dealt with 447 new cases involving 616 children. It reported a particular spike in cases after Christmas 2012 and again in September this year following the summer holidays.

Mark Simmonds, Minister for Consular Affairs, said:

I was very concerned to see an increase in child abduction cases. Parental child abduction has a devastating emotional impact on the child as well as the taking parent and the parent left behind. It can do lasting damage to a child’s relationship with both parents and their happiness. These are often distressing cases for everyone involved and there are no easy fixes, but our staff around the world work hard to assist those parents left behind.

We are launching this awareness campaign in the lead up to Christmas to try to prevent parents from doing something that would cause significant distress to themselves, their family and most importantly to the child. We also encourage parents to look for warning signs that their partner may be considering this. Once children are taken overseas it can be extremely difficult to secure their return to the UK. Many parents are not aware that by abducting their child, they may be committing a crime.

Alison Shalaby, Chief Executive of Reunite, said:

Parental child abduction is not faith or country specific – we see cases involving a range of countries from France and Poland to Thailand, Pakistan and Australia. The holidays can be a particularly stressful time for families, especially if the relationship between parents has broken down. However, there is help available if you think that your partner may be considering abducting your children. Last year we helped to prevent 412 cases involving 586 children which demonstrates something can be done to prevent it from happening to you.

Parental child abduction cases can take years to resolve, with significant impact on the child or children involved. There is a very real possibility that the child may never be returned. Even when cases are resolved it can take up to 10 years, with a devastating impact on the child, parents and families involved.

There is no typical ‘abducting parent’ – although abductions are more likely to take place where families have links to more than one country and, contrary to popular opinion, it is more likely to be the mother who abducts than the father (approximately 70% of abducting parents are mothers).

It is also much harder to return a child from a country that has not signed the 1980 Hague Convention, an international agreement between certain countries which aims to ensure the return of a child who has been abducted by a parent. The table below illustrates the most common Hague and non-Hague countries that children are abducted to.

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As well as emotional distress, both parents may often face severe financial difficulties as they fight for custody of their child through foreign courts. Legal costs overseas and in the UK may continue to mount up for parents, who must bear responsibility for the cost of any legal action taken, even after the child is returned to this country.

The FCO is working with Mumsnet and the charity, Families Need Fathers (FNF) to answer questions parents might have about this issue via their web pages Families Need Fathers and Mumsnet.

Top 10 Hague countries children have been abducted to*** Number of cases 2012/13 Top 10 countries children have been abducted to where Hague returns aren’t available Number of cases 2012/13
USA 32 Pakistan 35
Poland 29 Thailand 17
Ireland 28 India 16
Germany 18 Japan 11
France 12 Morocco 10
Canada 11 Egypt 8
South Africa 10 United Arab Emirates 8
Spain 10 Philippines 7
Australia 9 Oman 5
Turkey 8 Afghanistan 5

Where to go for help

There are lots of free sources of advice and support to help parents through difficult periods, including if you think your child is at risk of being abducted or has already been taken. You can call the Reunite helpline on 01162 556 234. You can also call social services and speak to a specialist solicitor. Counselling and support is available through Relate and the Samaritans.

Alternatively, you can contact the Foreign & Commonwealth Office on 020 7008 1500, 24 hours a day, seven days a week, visit our Child Abduction page for more information or read our advice leaflet.

You can also email childabduction@fco.gov.uk

Further information

For further information or to arrange media interviews please contact: 0207 478 7840

The 1980 Hague Convention on the Civil Aspects of International Child Abduction is a multi-lateral international treaty, the aim of which is the return of a child who has been wrongfully removed or wrongfully retained away from the country where he or she normally lives, so that issues of residence (which parent a child should live with), relocation (which country a child should live in) and contact (access) can be decided by the courts of that country. All cases that come under the Hague Convention are dealt with by one of the three Central Authorities in the UK (the International Child Abduction and Contact Unit covers England and Wales and there are two separate bodies for Scotland and Northern Ireland). To find out which countries are part of this Convention, visit the HccH website

Visit our Child Abduction page for further information on parental child abduction, or the Reunite website

*Taken from 2003-2013 data held by the FCO. The FCO dealt with 580 new child abduction and custody cases in 2012/13, a 113% increase on the 272 new child abduction and custody cases it dealt with in 2003/04

**Reunite figures, January 2013 – October 2013

***Based on figures provided by the 1980 Hague Central Authority for England and Wales, Scottish 1980 Hague Central Authority and the 1980 Hague Central Authority in Northern Ireland.

Also read: Christmas holiday is the high season for International parental child kidnapping

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Woman who abducted sons from Ireland now in road accident, passenger dead


October27, 2013

Source: zambianwatchdog.com

The true nature of a child abducting parent

Elizabeth Daka, the Zambian woman who is facing criminal charges in Ireland for allegedly abducting her Irish-born sons to Zambia has been involved in a road accident.

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The accident happened near Manda Hill at 14 hours today and the passenger who was with Elizabeth died on the spot.
Elizabeth is said to have been drunk when she was driving the vehicle. She survived with only minor bruises but her friend, a ZESCO employee, had her skull opened by the crash and died instantly.
According to information received, both Elizabeth and her friend-passenger were not wearing seat belts.
‘Elizabeth was drunk and speeding and tried to make a turn but crashed into a drain,’ said a source.
Elizabeth Daka had two sons, Ethan Quarry, 6, and Troy Daka-Beary, one-year-11 months, with two different Irish men while in Ireland but decided to move back to Zambia three months ago without informing the children’s fathers.

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When he came to look for his children, Richard Quarry, who is still married to Elizabeth, claimed his wife had a history of alcohol abuse, child neglect and depression, adding that she might put the children in danger.
Now Elizabeth faces a possible charge of causing dearth by dangerous driving.

 

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An analysis of the extortion threat in Mexico


September 28, 2013

Source: RED24.com

Extortion has been an issue in Mexico for a number of years, but came to prominence on 25 August 2011. On this date, as many as ten heavily armed gunmen arrived in three vehicles and entered the Casino Royale in Monterrey, capital of Nuevo Leon state. They doused the facility in fuel and sporadically detonated grenades on the gaming floor.

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The final death toll in the casino fire was declared to be 52. Subsequent investigations established that Los Zetas, arguably Mexico’s most prominent drug cartel, was responsible for the incident. According to members of the cartel that were arrested for their involvement, the intention of the attack was to send a message to the owner over his failure to pay an extortion fee to the cartel.

The scale of the extortion problem is assessed to have increased in the two years following the Monterrey incident. The increase in cases from the respective first quarters in 2012 to 2013 alone is believed to be greater than 180 percent. In addition, cases involving foreign firms are reported to have doubled in the same period. This challenges the long-held assumption that extortion has a limited impact on foreign business operations in Mexico.

Extortion is essentially the unlawful extraction of money, property or other concessions through coercion. In Mexico, it is largely a factor of the general insecurity that has accompanied the rise in drug cartel-related violence. Since 2006, when former president Felipe Calderon launched a large-scale anti-narcotics security strategy in an effort to combat organised crime, extortion rates have grown significantly.

Perpetrators and targets
Among the chief perpetrators of extortion in Mexico are drug cartels. The larger of these organisations yield considerable influence in their areas of operation and usually conduct their criminal affairs with a high degree of impunity. Los Zetas, together with the equally pervasive Sinaloa cartel, maintain a presence in a significant number of Mexican cities and smaller organisations have filled the void elsewhere. Although the principal activity of large drug cartels remains the production, trafficking and distribution of a range of narcotics, the pressure put on drug cartels by an ongoing government offensive and increased competition have meant that these groups have diversified their criminal activities in order to augment their revenues. Among these activities, extortion has been particularly lucrative.

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Amid general insecurity perpetuated in large part by the presence of several influential drug cartels in the country, opportunistic unprofessional extortion has grown. This group of perpetrators has piggy-backed on the fear instilled by drug groups to threaten victims during extortion attempts. Under the guise of being part of a cartel, the lay-criminal can conduct extortion without the necessary capability or motivation to carry out threats. Apart from drug cartels and opportunistic criminals, there are also a proportion of extortion attempts instigated by criminal organisations that do not partake in drug trafficking activities. The extent to which criminal organisations will follow through on threats is largely contingent on the professionalism of the group.

Until fairly recently (roughly 2006), local and family-owned businesses were discriminately targeted by extortionists. This was fundamentally due to the ease with which perpetrators could identify those with control over the finances of the enterprise. Smaller local firms are also more likely to have cash available on demand. However, there has been a significant expansion in the potential targets of extortions in recent years. Indeed, statistics and anecdotal evidence suggest that the full revenue-spectrum of businesses and the full range of income-earners are targeted.

Another departure from the status quo in recent years has been the willingness for extortionists to target foreign companies or those with interests in these companies. Statistics on the extent of the crime among foreign firms aren’t easily accessible; this is largely due to the lack of reporting and undesirability of this becoming common knowledge. However, at least one survey indicates that as many as 36 percent of foreign firms fell victim to extortion in 2012.

Characteristics of extortion in Mexico
It is assessed that the majority of extortion incidents in Mexico are initiated via telephone. Although random cold-calls are common (often initiated from within the Mexican prison system), potential victims are usually researched by means of reconnaissance to establish how much money can be extorted. In addition, information on the victim’s family and other aspects of their personal life can be used by the perpetrator to bolster the threat. In communication with the victim, the perpetrator will make a demand and the threat of violence to the victims or to their family, property or business interests will be used to encourage an expedient result for the perpetrator. In other cases of telephone-based extortion, the perpetrator may claim to have already kidnapped somebody related to the victim in some way. In this case, the release of the victim is contingent on meeting the extortion demands.

Those involved in extortion are increasingly directly approaching business owners and employees. This method is common in areas with a significant organised crime group presence. As with telephone-initiated extortion, threats to person and property accompany demands. Often justified as protection money or ‘derecho de piso’, extortionists may make demands of victims on a regular basis. This can lead to an extortion racket that can extend to other businesses in the area or industry.

The amount demanded in revenue-motivated extortions varies greatly. This is dependent somewhat on the professionalism of the perpetrators, the size of the company, and the perceived revenue that said company draws. In virtual extortions, demands of as low as US$400 are not uncommon, while larger companies may be victims of attempts to extort as much as US$200,000. In addition, racketeering can see larger companies pay up to US$20,000 per month to those perpetrating extortion.

States worst affected by the crime include Morelos, where as many as 34 incidents are recorded per 100,000 of the population, Durango (17 per 10,000), Baja California (16 per 100,000), Chihuahua 13 per 100,000), Jalisco (12 per 100,000), as well as Mexico City (11 per 100,000). At this point, it is worthwhile reiterating that reporting rates are believed to be exceedingly low and that the actual rate of extortion could be as much as double those listed above. In fact, anecdotal evidence suggests an extortion rate nearer to 100 per 100,000 in some areas of worst-affected states. Furthermore, local sources report that, in some major cities, few city-centre businesses are exempt from extortion attempts.

Advice
Given its effectiveness as a crime and the relatively low risk to the perpetrators, extortion incidents are unlikely to decline in the short- to medium-term. Those intending to operate in the country should explicitly address the risk as part of their due diligence assessments and are advised to consider ways to mitigate the threat. These measures include developing a crisis response plan and process; assigning crisis management roles and responsibilities; and, conducting training and role-play exercises to simulate extortion situations. This should ideally be done together with a security organisation that specialises in dealing with kidnap for ransom and extortion (KRE). In-country personnel should be made aware of how to deal with extortion attempts and, at the very least, keep a low public profile, avoid disseminating unnecessary company and personal information, and remain calm and measured in communication with the perpetrators.

 

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Ireland – RIRA gang kidnap then shoot man


May 21, 2013

Source: Irish Herald

THE Real IRA abducted and shot a man in a brutal punishment attack in Dublin.

THE Real IRA abducted and shot a man in a brutal punishment attack in Dublin.

Ronan Connolly (28) was kidnapped at gunpoint by a gang and then bundled into a van.

When he attempted to escape, his captors opened fire. Sources say the incident was a “punishment beating” which spiralled out of control.

Connolly is the younger brother of a leading RIRA member who is behind bars facing murder charges. Detectives in the capital are now on high alert after the incident in Inchicore on Tuesday night.

RIRA-The-Real-IRA

Panicked

Connolly escaped serious injury when his captors apparently panicked and fled.

The abduction is linked to a campaign by dissident terrorists who are targeting former associates as part of a “clean-up” of the illegal organisation. “This incident falls very much into the narrative of the so-called revamp of the Real IRA,” a senior source explained.

“They are carrying out kidnappings, beatings and shootings in an attempt to get rid of those who they no longer trust.”

Connolly, who has numerous convictions and is from Bluebell, Dublin, was abducted in Inchicore at around 10.30pm on Tuesday. The gang tied his hands together with wire and brought him around 12km to the Slade Road in Saggart.

After attempting to escape, Connolly was shot. The gang then fled the scene, allowing Connolly to raise the alarm. Paramedics arrived on the scene and he was treated for gunshot wounds to his hand. Sources say the abduction of Ronan Connolly was orchestrated to send a firm message to his older brother, Sean.

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The 34-year-old is the chief suspect in the murder of gang boss Eamon Kelly, who was gunned down near his home on Furry Park Road, Killester, in December. He is being held in Portlaoise Prison awaiting trial.

Sean Connolly attempted to take control of the Real IRA in Dublin following the death of notorious gangster Alan Ryan last October. However, his attempt to rise to the top of the organisation alarmed senior figures in the North.

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Historic child abduction: Patricia O’Byrne sentenced to house arrest


April 5, 2013

Source: the star.com

A woman who abducted her baby daughter and kept her from the father for 18 years avoids jail because of “unique circumstances” — and the dad’s request.

patricia_O´Byrne

 

Patricia O’Byrne leaves College Park court after being sentenced to house arrest for abducting her child and keeping her away from the father for 18 years.

A woman who pleaded guilty to abducting her 20-month-old daughter and keeping her away from the girl’s father for 18 years has been sentenced to two years less a day of house arrest.

Patricia O’Byrne will serve her time, less 48 days of credit for pre-trial custody, at her home in Victoria, B.C., followed by two years’ probation.

Normally, parents abducting their children should get “real jail” to denounce their conduct and deter others, Justice Mara Greene said at College Park provincial court Tuesday.

“However, the case at bar has some unique mitigating factors,” the judge added.

PhotosView gallery

  • Patricia O'Byrne leaves the courthouse at 361 University Ave. in Toronto in January 2012.zoom
  • Patricia O'Byrne arrives at College Park court in Toronto for sentencing on April 2, 2013.zoom
  • Patricia O'Byrne leaves College Park court after sentencing for abducting her child and keeping her away from the father for 18 years.zoom

“Ms O’Byrne acted in a way that she thought was in the best interest of her child. She was frantic and fearful for her child’s safety when she was not with her. These thoughts ultimately led her to abduct her child.”

Secondly, there is a clear link between the abuse she suffered as a child and the initial commission of the offence, Greene said.

“I appreciate that this does not explain why Ms O’Byrne kept (her daughter) away from her father for 18 years. At some point, the abduction became less about Ms O’Byrne’s concern for the safety of her child and more about protecting herself from detection and prosecution.”

But the judge noted that O’Byrne has pleaded guilty and taken full responsibility.

In addition, O’Byrne’s daughter and father, Joe Chisholm, wrote statements that said jailing her will only exacerbate the harm already done.

Neither father nor daughter was in court for the sentencing.

O’Byrne, 55, refused to speak to reporters as she left.

But her lawyer, Julianna Greenspan, said the former Toronto woman is grateful for the judge’s decision.

The 21-year-old daughter, who cannot be identified, is also thankful her mother is spared jail, Greenspan said.

Daughter and father are developing a relationship, Greenspan added. “There is a hope for rebuilding and moving forward.”

Crown prosecutor Michael Callaghan had sought a sentence of 15 to 18 months in jail, followed by probation. He had no comment afterward.

O’Byrne mistrusted men because of the sexual abuse she suffered as a child and physical abuse she witnessed her mother experience, the judge noted.

“She was convinced, albeit wrongly, that Mr. Chisholm was putting her daughter at risk by using male babysitters,” Greene said.

Under a May 10, 1993, settlement, the daughter was to primarily live with O’Byrne, but Chisholm was granted access. But within weeks, O’Byrne and their daughter disappeared.

Over the years, Chisholm worked tirelessly to locate his girl, registering her with Child Find. Police issued a Canada-wide warrant for O’Byrne’s arrest.

Mother and daughter lived in Ireland for a time, moving to B.C. 10 years ago. There O’Byrne worked for the government and did volunteer work.

“Ms O’Byrne appears to have led a productive life and been a wonderful mother. I hesitate to refer to her existence as pro-social, however, as she spent the past 18 years living under a false identity and continued to be in breach of a court order.”

On Oct. 4, 2011, police got an anonymous tip she was living in Victoria under an assumed name. They arrested her on Dec. 1, 2011.

Chisholm’s victim impact statement showed tremendous strength, compassion and kindness, Greene said.

“What is equally obvious from his statement is the extreme pain he has endured over the past 18 years, all as a result of Ms O’Byrne’s conduct.”

Chisholm said in an interview before the sentencing that, whatever the outcome, he doesn’t harbour ill feelings for O’Byrne.

“I see it as impossible to love your child and hate her parent,” he said. “I hope everyone comes out of this in the best possible way.”

In an earlier written statement for the judge, O’Byrne said she was never motivated by a desire to hurt the father or his family.

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