Portlaoise District Court: Gardaí express their concern for woman who failed to appear
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GARDAÍ expressed concern for a woman who failed to turn up at Portlaoise District Court last week to give evidence in relation to a family law case.
As the case was to get underway, Garda Sgt JJ Kirby said the witness in the case was not present but had been “adamant she was coming to give evidence. I’d have concerns for her.” Solicitor for the 35-year-old defendant, Michael Byrne, said that as the only witness in the case was not present to give evidence, he was asking for the case to be struck out.
His client was charged with assault causing harm on 4 October last year on the woman in a town in Co Laois.
Judge Andrew Cody said when the case was first before the court jurisdiction had been an issue when he heard of allegations that the woman allegedly sustained serious injuries such as bruising to her jaw, ribs, a black eye, concussion and the possibility of a chipped bone.
Sgt Kirby said that while he fully accepts that the defendant enjoys the presumption of innocence, he asked the case to be deferred to another date.
Judge Cody was informed that the injured party had informed gardaí that she would be home at 9.30am on the morning of the court case, but there was no answer to her phone when gardaí attempted to contact her several times.
The court heard that gardaí had called to the woman’s home twice on the morning of the court case and made 15 phone calls to her number but received no response.
Mr Byrne said that the case had been hanging over his client since last year and again asked for a strike out, saying: “The state can come again (with the charge).” Judge Cody also acknowledged that the man enjoys the presumption of innocence but said: “The alleged assault took place in front of three young children. She allegedly got a ferocious beating.” Judge Cody said that he was remanding the man on continuing bail to the 11 June sitting of the family law court, which would allow gardaí to issue a witness summons on the injured party.
He said the case would either proceed on that date or be struck out.
*Family law cases are held in private due to their sensitive nature. In such matters, reporting restrictions are put in place whereby no identifying details can be published. If you have been affected by any of the issues raised in this article, you can contact Women’s Aid (24-hour freephone helpline at 1800 341 900, email helpline@womensaid.ie) for support and information.
Funded by the Court Reporting Scheme.
