Portlaoise Family Law Court: Man accused of assaulting former partner

AT an in-camera bail hearing at the Family Law Court in Portlaoise last week allegations were made by a woman of how she was assaulted by the man she had been in a relationship with.

The 43-year-old man, who cannot be named to protect the identity of the alleged injured party, was charged with assaulting the woman on 11 August at her home in Laois.

The alleged injured party, taking the stand told the court that she had known the accused for a few years and had been in a relationship with each other.

She said that on 11 August both had been out having a few drinks in Portlaoise.

“I noticed that he was getting a bit agitated. I left to go home by myself and got a taxi. When I got home, I got something to eat and fell asleep on the couch. I awoke when I heard him knocking on the door. I let him in. He was complaining about a scratch I had put on his car. He said that I did it purposely, but I didn’t. He said that I’d have to pay for it. He said, do you think this is funny? I said no I don’t think it’s funny.” 

 She said: “I went to bed. Her came beside me and kept saying, do you think, this is funny. With that he pounced and got me by my neck. He kept beating me into the side of the head. He then took my phone off me. He told me to get dressed and to follow him down to his house. I followed him down in my car behind his. I was too afraid not to. When we arrived at his house, he handed me back my phone. Asked if I was alright for diesel to get back. That was it. I went home.” 

 Asked by Garda Sergeant JJ Kirby how the alleged incident made her feel the woman replied: “Terrified. Petrified, because I live on my own in the country. I don’t sleep at nighttime. I keep waking up thinking it’s going to happen all over again.” 

The woman said she attended the hospital the next day after the alleged assault with bruising to her neck, face and arms and with swelling on the side of her head.

Solicitor for the defendant Michael Byrne asked the woman throughout the relationship with his client had she ever had an occasion in which she had to call the gardaí or to make a complaint against him, to which she replied no.

He asked the woman whether she would have objections or any fears if his client lived outside Laois to which she said it would. And if the court made an order that the accused make an order that his client makes absolutely no contact by any means with her, would it ease her fears, to which she again said yes.

She also told Mr Byrne that since the alleged incident the man has had no contact with her.

Mr Byrne said that his client would be willing to abide by any conditions the court would impose on him. He said his client works as a part-time crane driver and would live at an address in Westmeath.

Judge Fay granted bail to the defendant on conditions that he remains of sober habits and abstains from all alcohol and illicit drugs, obeys a daily house curfew from 10pm to 5am, answers the door to gardaí at all times, signs on daily from 9am to 9pm at the nearest garda station to him, provide garda with a contactable phone number and be available to take their calls 24-hours a day and meet with them, should they wish within 15 minutes, have absolutely no contact by any means with the alleged injured party in the case, surrender his passport and make no attempt to obtain another one, stay out of Laois except for court and probation service appointments.

She also made it a condition of the man’s bail that he stays away from all licenced premises and off-licences including those in supermarkets anywhere within the state of Ireland.

Judge Fay remanded the man on his own bail of €500 with a cash lodgement of €100 and adjourned the case to 10 November.

Mr Byrne asked the judge to consider granting free legal aid to his client.

“I want a pay slip first, replied Judge Fay, “he says that he’s earns €300 a week as a crane driver.” The man replied: “It’s only part-time. I just stared four weeks ago, and I only got paid. I’m on emergency tax.”