Man bit face of woman, Kildare court hears
Photo for illustrative purposes only
A MAN who allegedly bit the face of a pregnant woman enough to break the skin, was remanded back into custody for another month to allow the DPP clarify its position on jurisdiction.
The man who has been in custody since the end of June is also charged with breaching a protection order four times this year at the same address.
“He has bail, but he’s not been able to take it up,” explained his solicitor Dave Powderley.
Garda Shauna Haugh gave evidence of the assault causing to an in camera sitting of Athy District Court recently, and told Judge Desmond Zaidan “the DPP is not happy for the file to be marked summary”.
“I was told this on 13 May under Section 10 of the Policing and Security Act,” she said.
“I think the change of the DPP’s position is because my client is making a plea here today,” said Mr Powderley.
“They’re changing their ploy because they’re afraid he’ll get out on bail,” he added.
Judge Zaidan asked to be refreshed of the details of the assault and Garda Haugh obliged.
“The male in custody bit the injured party’s face and broke the skin,” she said.
“She was pregnant at the time, and though she didn’t need stitches, she did need medical assistance,” said Garda Haugh.
“Did she need a blood test?” asked the judge, but Garda Haugh could not appraise him of that.
“All she can say is that the DPP is thinking about changing it to trial on indictment (circuit court) which is not fair on my client,” said Mr Powderley.
Judge Zaidan then used his phone to look up the legislation as quoted earlier by Garda Haugh, and was satisfied with his findings.
“The facts have been known to the DPP since 29 November 2024, this is not strange to the DPP,” noted the judge.
He asked Mr Powderley that if his client would consent to the maximum 28 days further detention, he would mark the case pre-emptory against the state, and Mr Powderley agreed.
This means that if the DPP – the State – doesn’t have a ruling on the jurisdiction question, that is, to be tried in the district or circuit court, that judge would strike out the charge.
“I suspect this is more psychological than physical,” commented the judge, who then extended the interim protection prder granted to the injured party on 1 April to be extended to 9 December.
