Kildare man receives jail time for calling ex 'retarded'
pic for illustrative purposes
A Kildare man who has spent more than five weeks in jail for breaching a Protection Order for threatening and abusing his ex-girlfriend, allegedly calling her “retarded and handicapped”, was given an extra fortnight in custody this week (10 September).
His ex-girlfriend gave evidence that she had been woken up at her home on 4 August “with the front door being kicked and banged, and when I opened it he was aggressive and abusive”.
She admitted that despite getting the Protection Order in June “he was living with me up until this time”.
“He was completely degrading me, he called me retarded and handicapped. He was completely horrible, and I was in fear in my own home”.
“I rang the guards and he got arrested. He was only just out of custody at the time,” she told the Family Law hearing at a recent sitting Athy District Court.
In cross-examination, the defendant’s solicitor Tim Kennelly said: “I put it to you that you were abusing the order, and that any time (the defendant) said something you didn’t agree with you’d call the guards.
“I put it to you, you are not afraid of (named defendant)” said Mr Kennelly.
“Why did you take him back?” asked Judge Desmond Zaidan.
“I thought I was in love,” she said.
“You mean to say that this man you’re afraid of, you visited twice in prison? This woman’s evidence is self-serving," said Mr Kennelly. "It appears to have been a tit for tat argument. I don’t think he’ll be calling anyone any names any time soon."
“I’m satisfied this is a prima facie (at face value) case,” said the judge, finding him guilty.
Sergeant Dave Hanrahan revealed the defendant had nine previous convictions, although none for domestic violence related offences.
Mr Kennelly suggested “time served” as an appropriate sentence, but the judge handed down a seven-week sentence, noting he’d served five already so should be released very soon.
However, after a prompt from his client, Mr Kennelly reminded the judge “there is no early release if you have a Protection Order out against you”, but the judge let his sentence stand.
