repeatedly beating her five-year-old child with a belt buckle.

Members of the Department of Public Prosecutions appeared stunned after Senior Magistrate Archibald Warner bound over the 25-year-old Pembroke woman for a year.

The woman, who cannot be named for legal reasons, admitted she beat her five-year-old daughter 23 times with the metal part of her belt.

Magistrates' Court had also heard the child has been taken into custody by Social Services during investigation of the matter.

Crown counsel Cindy Clarke told the court that around 3 p.m. on July 24, Police and social workers were called to a home in Pembroke.

There, they found the child in the care of another member of the house.

Officers examined the child and found serious bruises to multiple areas of her body.

The young victim told Police that she had been slapped by her mother and beaten with a belt buckle. The beating was so intense that the child said she had to roll herself up into a ball to protect from getting hit.

The child was further examined in protective custody and was found to have 23 belt buckle markings and six bruises around her neck, arms and legs.

The mother was questioned by Police and admitted administering the beating but claimed: "I was only disciplining her because I was tired of her being rude in public and to neighbours.'' Defence counsel Peter Farge said at the time of the incident the woman was under financial and marital stress and that it was a "one-off situation''.

And he produced a social inquiry report that alluded to family stress at the time.

The woman said in her defence: "I'm very sorry for what I did. I'm paying for it by not seeing my daughter.'' Before delivering his judgment, Mr. Warner said: "I am satisfied in how this matter happened based on your admission to the Police and the statements I've heard and by the social workers' report.

"Regardless of what social workers think, people are still allowed to discipline their children.

"The prosecution is saying that the beating is too severe and you went further than what is necessary. It seems that you agree that you went too far in the terms of the licks that you gave this child.

"I'm not condoning child abuse and you say that you are guilty of abusing your child. I'm not a social worker and my view is if a lot of children were given far more discipline or licks -- not abuse -- at an early age, it would probably assist the youth.'' Mr. Warner took into account that social services had taken the child at the time of the incident and said: "Social Services did what they had to do, now I'm going to do what I need to do. I don't think that this offence under the circumstances warrants a conviction.

"If there was any action needed, the people responsible have taken the necessary action as they saw fit. As far as this court is concerned, this matter can be disposed of under Section 64.

"I bind you over for 12 months. If you commit any other offence during this period, you can be convicted for this offence. After 12 months, this matter will simply dissolve and no conviction will be recorded against you.'' Child advocates however were outraged by the judgment, and noted Mr. Warner's decision did nothing to deter potential child abusers.

"Beating a child 23 times, that's certainly abuse,'' said Sheilagh Cooper, chairman of the Coalition for the Protection of Children. "What sort of message is being sent to the community if no real disposition is being sent? "This is a much more serious offence than a breaking and entering and even with that people get a severe sentencing of some kind.

"The idea of addressing discipline with that kind of abuse is simply absurd.

There has been new legislation that has been developed and passed this year that puts more teeth in our ability to protect children.'' Ms Cooper appealed to the mother to seek counselling, even though the mother claimed it was an isolated incident.

"I am hopeful that the woman will voluntarily give us a call and join one of our parenting programmes,'' Ms Cooper said. "The nature of the abuse is related to the adult not being able to control their anger.

"Anger management would be a good course of action for her. I'm sure she wants to be a good parent just like anybody else.'' More court coverage on Page 8