A JUDGE has described the contents of a pre-sentencing probation report on a transgender woman who threatened to torture, rape, and kill her mother, as “deeply disturbing”.
The defendant, Barbie Kardashian, (20), of no fixed abode, was convicted following a four-day trial last May of seven counts of threatening to kill or seriously harm her mother, Maria Luque, on various dates in 2020.
Ms Kardashian, who was born male and identifies as female, was acquitted of an additional four counts of threatening to kill or seriously harm a social care worker, Michael Mannix on dates between 2019 and 2020.
The alleged death threats were made after Kardashian had her residency extended at Coovagh House which is a secure unit for children aged 11-17 years who have serious psychological issues.
Ms Kardashian, who changed her name by deed poll in August 2020 from Gabriel Alejandro Gentile, appeared before Limerick Circuit Court today, Thursday for sentencing.
Defence barrister, Mark Nicholas told judge Tom O’Donnell, that a probation report had been completed, but that a psychological report had yet to be finialised due to Kardashian’s being assessed for “a complex psychological issue”.
The judge said he had read the probation report, “and I consider this to be very serious”.
“The probation report has flagged that a psychological report is as yet outstanding, and the contents of the probation report, I would say, are deeply disturbing,” the judge said.
The judge described the author of the probation report, Mr Frank Cahill, as “a very experienced probation officer” and he reiterated that Mr Cahill’s conclusions “are a concern”.
Mr Nicholas said he expected the report to be completed within the next seven weeks.
Judge O’Donnell remanded Kardashian in continuing custody for sentencing on November 7.
Kardashian, who denied all the charges at her trial at Limerick Circuit Criminal Court last May, is being held in custody at the female wing of Limerick Prison, having previously been granted a certificate from the Department of Social Protection recognising her gender as female.
During the trial, Mr Nicholas said he accepted Kardashian had told staff at Coovagh House, at a meeting to discuss discharging her into the community, after she had turned 18, that she planned to travel to her mother’s house, overpower her, torture her with a knife, a screwdriver, and boiling water.
Notes of the meeting were recorded by staff, and Mr Nicholas accepted Kardashian told them: “If I got into (my mother’s) house I would run towards her and put the knife into her body …prolong my mum’s suffering for as long as possible…I would stab her, but not in her heart or neck, I’d want to put her through lots of torture, fear and humiliation.
“I know that my mum is smaller than me, she is physically weak and she is frail, when I was living with her since I was nine or ten I was stronger than her then and I know she would be overpowered by me.”
Kardashian told staff she planned to only exit her mother’s house once she was satisfied she had left her mother to “bleed out”.
Kardashian told staff she would check her mother’s pulse to ensure she was dead.
Mr Nicholas argued Kardashian’s plan was all “fantasy”, he said Kardahsian’s social care workers gave evidence in the trial that they did not immediately alert Gardai about the threats as they felt she was merely looking for attention by saying “shocking” things.
The barrister argued that care workers involved in Kardahsian’s care, including one of the alleged injured parties, Michael Mannix, had, under oath, agreed Kardashian was diagnosed with “narcissistic personality disorder” and that she would engage in “shock behaviour” in order “to get attention”.
Staff told the court they were also aware Kardashian and they were aware she had suffered alleged sexual abuse as a child.
Mr Nicholas told the trial Kardashian had had a “horrible” life, and had been in State care since she was 10 years old.
He reiterated there had been an “absence of alarm” in the secure unit in the immediate aftermath of Kardashian’s threats, until, Nicholas said, it was time for her to be released into the community, which was almost two years after she made the first alleged threat to kill Mr Mannix, in January 2019.
There are a total of 15 beds in only three secure units in State, including Coovagh House, for children who are a risk of being a danger to themselves or others, the trial heard.
Following the jury verdicts last May, Judge Tom O’Donnell said he had “concerns” that Kardashian might, at some point, after her sentence is completed “be left to their own devices” and he sought guidance from the probation service about a long term plan for Kardashian.