Breach of safety order case dismissed at Kildare court

A man alleged to have pushed his estranged wife in front of their child had his charge dismissed after the judge felt the state had failed to prove its case beyond reasonable doubt.

The case was heard ‘in camera’ during family law sessions at Athy District Court last week (28 January).

It was alleged the man allegedly breached a safety order in the family home in south Kildare last summer, less than a week after it had been issued in Naas District Court.

“It was daytime, he was in the garden, and when he came in he hit me on my arm on the way to the kitchen, there was enough room to pass,” said the wife.

“My daughter was a little upset, I asked for a divorce, he left the house and I made my statement to Garda Brennan,” she said in reply to questions from Inspector Pat Kelly.

“He will say he was shaking out his laundry and he touched your shoulder,” said solicitor Seamus Boyle.

“He has left the family home and is now living in one room with one of the children,” he added.

“You have no contact with (her child) and are blocked on all platforms. You are in another relationship and expecting. He’s moved on and you’ve moved on. You’re paying €600 a month for the house, while he has to pay €600 for a room. It’s not the best situation, but he keeps away from you?” he asked, and she nodded.

“They’ve been together for 12 years and this only happened last year.

“He’s away from you and you’re not under any perceived threat.

“Why did you get that first protection order?” he asked.

“He hit me on the head,” she alleged.

The former husband took the stand and said: “It was not a punch, it was not a push, it was just arm to arm.”

“No intention to put your wife in fear?” asked Mr Boyle, to which the reply was “no”.

“He understands the seriousness of the protection order and wouldn’t want to breach it,” said Mr Boyle.

“He has brought her to work and picked her up there since.”

In cross-examination he again denied “intentionally shouldering … (or) put her in fear” to Inspector Kelly.

“Surely it’s easy to avoid someone in this huge room?” asked Inspector Kelly rhetorically.

“They are both hard-working members of the community,” noted Judge John Brennan.

“He said he didn’t mean to push her, and this is a criminal court and has to be proven beyond reasonable doubt, and I am not satisfied the state has proved this, so I will dismiss the matter,” he ruled.

“Improve the work together for the sake of the children,” he concluded.