A VERY tearful man avoided being remanded in custody last week for an alleged assault on the mother of his child after he agreed to stay out of the town she was living in, and avoid all contact.
The man appeared from garda custody at Athy District Court sitting in Naas last Tuesday under lockdown restrictions, having been arrested the day before, and although Judge Desmond Zaidan allowed the reporting on the facts, he restricted any reporting that might identify the alleged victim or her child.
The court heard how the alleged victim rang for the gardaí on Monday morning (22 June), and the defendant was arrested shortly after.
“I have serious concerns where this might end up,” said Judge Zaidan.
“If he gets bail this type of allegation is hard to beat and he is at high risk of repetitive behaviour,” he opined.
“Was he under the influence?” asked the judge.
The garda said he was, and that there were other public order charges stemming from the incident that were yet to be brought.
“Was he totally out of it?” asked the judge.
“Very close, and possibly on something else,” said the garda.
Solicitor for the defendant Conal Boyce explained how his client was the only one working in the relationship “paying rent and bills”.
“If he’s incarcerated he will lose his job and the apartment,” the solicitor told the court.
Mr Boyce told the court how his client was willing to take up an address “at a distance from the injured party”. However the garda giving evidence was of the opinion that he could still interfere with the witness and said she was terrified of this man.
“I’ll do whatever needs to be done,” said the defendant through sobs.
“I wish I could tell her I’m sorry,” he added.
“With cases like these 75% of the allegations will fall by the wayside for many reasons, they make up or are forgiven,” noted the judge.
The judge noted: “Being the sole income is an undue influence on this woman and she may feel emotionally trapped,” he said.
“I never want to raise my fists to another person again,” sobbed the defendant.
“You don’t do that to a loved one,” said the judge.
“I’m not a big drinker,” said the man.
“That may explain, but it doesn’t excuse your behaviour,” said the judge.
Sgt Jacob interjected and told the court that he expected the DPP to give him her directions on how to pursue the prosecution by 27 July.
With that the judge ordered the defendant pay a bond of €400, have no contact with the alleged victim “directly or indirectly”, and to “stay away from the general area” of the address given where she now stays.
For more court reports see HERE