Laois man found guilty of assault despite partner’s protest
Portlaoise Courthouse
A Laois man was jailed for three months despite his partner informing an in-camera hearing at Portlaoise District Court last week that she wanted to withdraw the statement she made accusing him of assaulting her.
During stages of the case, the woman accused gardaí of tricking her into coming to court, telling the judge she could not remember most of what happened, and at one stage in the proceedings, the court presenter asked the judge to rule the woman as being a hostile witness.
The parties in the case cannot be named due to restrictions on the press on reporting on such cases.
The 34-year-old pleaded not guilty to the charge of assault.
Giving evidence in the case, Garda Blake O’Donoghue said that on 6 November at about 11.30pm, he responded to a report about an alleged assault on a woman in Portlaoise. On arrival at the house, the woman informed him that she had been assaulted by her partner. She was taken to the nearby garda station within 20 minutes of the alleged assault, where she made a statement about what happened.
Garda O’Donoghue said that the woman stated that her partner had pushed her in the hallway of her house, went to grab her by her jacket collar and burst her lip. He said he took photographs of the alleged injury to her lip, within 20 minutes of meeting her and handed them into Judge Andrew Cody. He said the injured party did not seek medical attention. Later that night, the defendant was arrested by another garda in the town.
Garda O’Donoghue said that later on the same night he called back to the house and the woman told him that her partner was present.
The man’s solicitor Josephine Fitzpatrick said: “My instruction is that the injured party had a cold sore on her lip and the photographs are consistent to that of a cold sore. He was trying to get back to Dublin, but she insisted he stay there in the house with her. He felt trapped.” Taking the stand, the woman was asked by garda Sgt JJ Kirby to recollect what happened and the statement she made on 6 November last, to which she replied: “I can’t remember. I’m not on my medication. I’m all over the place. I can barely remember. I remember the guard coming to the house. I don’t remember my statement. I remember the push and the grab at my collar.” It was at this stage that Sgt Kirby asked permission from Judge Cody to allow him to treat the woman as a hostile witness, to which the woman said: “I’m here to drop my statement. Me and him are still an item. I can only remember bits of it.” Reading from part of the woman’s statement that she made on the night, Sgt Kirby said she wrote: “I remember lying in bed texting his (partner’s) sister and he accused me of cheating and said he was leaving me. I remember him pushing by me. I remember him pulling at my collar. I remember him hitting me on my mouth.” The woman replied: “I don’t remember my lip being burst. I blacked out. I want the charges pulled against him. I’m still with him. I just want to go (out of court).” Sgt Kirby asked the woman to look at the photographs of the injury that garda O’Donoghue took on the night, to which the woman said: “I’m not looking at any more photographs. He’s had a hard life. He’s hasn’t had it easy. I can’t remember what happened There’s blood on my jacket, but not a whole lot.” The woman went to walk from the witness stand and out of the court when Judge Cody asked a garda to place her under arrest, telling her: “You can’t walk out of this court without being cross-examined by Ms Fitzpatrick (the accused’s solicitor).” Once back in the witness box, the woman, when asked by Ms Fitzpatrick her version of events on the night, replied: “I’m on anti-psychotic medication, but I’m off them. I can’t remember jack-shit. I was told by the guard to come here and to drop the charges. You all tricked me. I want to get out of here. I want to drop the charges. They tricked me into coming to court. Me and him are in a relationship. We might be apart (partner in custody), but we’re still together. He needs help. He’s suffering in the Midlands Prison without his medication.” Ms Fitzpatrick said that the injured party said she could not remember much about what happened, that she didn’t want to give evidence, wanted to withdraw her statement and doesn’t want to pursue the matter and asked the charge to be struck out against her client.
Judge Cody said he accepted the evidence presented to the court that the injured party acknowledged she made a statement and that she acknowledged that it was her blood on her jacket.
He said that the accused had a case to answer.
Taking the stand, the man said that he had been in a relationship and living with the woman for two years. He said in that time he made several attempts to leave her after arguments, but nothing physical. He said he had been in prison since 1 January on detox, ant-psychotic medication and medication for depression.
Asked by Sgt Kirby to recount the events of 6 November, the man replied: “I don’t remember anything. I didn’t hit her. I didn’t do anything. She had a cold sore on her lip for a couple of days.” When the photographs of the injuries were shown to him and was asked what caused them, he replied: “I don’t know,” to which Sgt Kirby said: “Looks like a mark from an assault to me,” which drew a reaction from the man, saying: “Are you a doctor now. Jayus, what’s going on here?” Sgt Kirby said: “I’m only asking questions. I’m not trying to catch you out, but I put it to you that on the date you pushed by her, hit her on the lip and walked out of the house.” Ms Fitzpatrick said that the alleged injured party cannot recall the incident and that before finding guilt, the court had to be satisfied beyond responsible doubt that a crime had been committed.
Judge Cody said that the evidence provided satisfied him that a crime had been committed and moved to impose a conviction.
Sgt Kirby said the accused had a number of previous convictions that included assault causing harm, threatening to kill or to cause serious injury, aggravated burglary and obstructing gardaí in the execution of their duties.
Ms Fitzpatrick said the defendant was due to be released from prison next January and described the relationship between her client and that of the woman as “a toxic relationship.” Judge Cody convicted the man of assault, imposed a three-month sentence, applied free legal aid and fixed recognisance in the event he wished to appeal against the sentence.
If you have been affected by any of the issues raised in this article, you can contact Women’s Aid (24-hour freephone helpline on 1800 341 900, email helpline@womensaid.ie) or Men’s Aid Ireland (confidential helpline on 01 554 3811, email hello@mensaid.ie) for support and information.
