A ruling in the motion for dismissal in the case against Irish nanny Aisling Brady McCarthy, accused of killing a baby has been decided by Middlesex Superior Court, Judge S. Jane Haggerty.

In January, Rehma Sabir, of Cambridge, Massachusetts was hospitalized with severe head injuries in January and died two days later. The baby had been in the care of McCarthy during this time and the Irish nanny, a native of Co. Cavan, was arrested days later.

McCarthy was indicted on two charges by a grand jury last April of which were murder in the first degree as well as assault and battery of the child. Both charges are denied by McCarthy.

A compliance hearing took place on Tuesday, December 17th at Middlesex Superior Court, Woburn, MA., where Haggerty  advised both counsels that she had not made a decision on the motion to dismiss but would rule by the end of the week.

Over the last few hours, Judge Haggerty has made a decision on these motions. The motion to dismiss the first indictment of first degree murder has been denied which means McCarthy will stand trial in April 2014 for the death of Rehma Sabir.

In the second indictment of assault and battery the motion to dismiss has been allowed and charges against McCarthy have been dropped.

Still under advisement at this time is the motion for reasonable bail.