Row between ex-wife and husband with new partner ends up in court
Carlow Courthouse Photo: Michael O'Rourke
A ROW that erupted between a woman, her ex-husband and his new partner ended up in court appearances amid charges of assault and assault causing harm.
Kevin Nolan (46) of Nolan Farming, Grangeford denied a charge of assaulting his ex-wife Una Nolan at Springmount, Grangeford causing her harm on 30 November 2023, while his partner Margaret Hennessey, Ballymacelligot, Tralee, Co Kerry also denied assaulting her.
An incident occurred on the morning of the row which led Mrs Nolan to call up to Mr Nolan’s house, which was near where she lived.
She told the court that she often called into his house and vice-versa, and that on that morning, Ms Hennessey, whom she had never met before, started to shout at her about a particular matter when she entered the kitchen. Mrs Nolan continued that she took out her phone to record Ms Hennessey and that Ms Hennessey (50) took it from her, assaulting her as she did so.
She said that Mr Nolan caught her by her hair and punched her and that as she ran away, he kicked her. Mrs Nolan told the court that her ex-husband followed her out of the house and banged her head off the car.
Mrs Nolan said that Ms Hennessey told her that she had “triggered” Mr Nolan’s temper by trying to video them, while she replied that Mr Nolan’s behaviour showed “red flags”. She said that when she told her ex-husband and his partner that she was going to report them to the gardaí, Ms Hennessey tried to calm her down, invited her into the house for tea and gave her back her phone.
The court heard that Mrs Nolan accepted an adult caution on a charge of assaulting Ms Hennessey when she was trying to get her phone back and that she was advised to accept the caution because she was a social worker and didn’t want to have a criminal conviction.
Judge Carthy heard that, when Mrs Nolan arrived at the garda station in Tullow, her jaw was swollen, there were red marks on her neck and that there were lumps of hair in her hand.
When it was put to her by solicitor Joe Farrell that she went to the garda station and not to her doctor first so that she could get a barring order against her ex-husband, Mrs Nolan replied that she was worried about her safety and that was why she went to the garda station first.
When Mr Farrell also put it to her that she did not have permission to be in Mr Nolan’s house and was therefore trespassing, she replied that they were “in and out” of each other’s houses all the time. When it was put to her that she “barged in and caused uproar”, she replied that she was calm and that it was Ms Hennessey who shouted at her first.
Mr Nolan gave direct evidence in which he denied kicking or punching his ex-wife.
“She has a habit of telling lies,” he said, adding that Mrs Nolan was “incredibly aggressive” as “she forced her way into the house”.
He continued that she wasn’t invited there and that he and Ms Hennessey had to “physically push her out of the house”. Denying kicking her or banging her head, he added that they “had to move her out of the house because she was like a woman possessed. She was crazy”.
When Inspector Tom Jones asked Mr Nolan if he was angry at the time, he replied that he was upset, but not angry. He also said that if it was true that Mrs Nolan was always calling into his house, she would have met his partner before that morning, while he also described a medical report on Mrs Nolan’s injuries as “farcical”.
Ms Hennessey also gave direct evidence in which she denied seeing Mr Nolan assaulting his ex.
She said: “Una flung open the back door and tried to barge her way into the kitchen” and that she was trying to “keep her out”.
“Emotions were very high. She refused to leave … we pushed her out of the back door,” Ms Hennessey told Judge Carthy.
She added that Mr Nolan pushed Mrs Nolan out of the door because she was “manic” and that it was for their own protection. She also admitted grabbing the phone from Mrs Nolan because she was recording her and that “maybe she got some injuries as she was pushed through the door”.
When the evidence was heard, Mr Farrell submitted to Judge Carthy that, under two separate pieces of legislation, Mr Nolan had a right to use reasonable or justifiable force to remove a trespasser on his property. He said that Mrs Nolan knows this and that was why she claimed that she was regularly in her ex-husband’s house.
Judge Carthy adjourned the matter until 25 June so she could consider the evidence in full.
