Man who assaulted walks free on appeal at Kildare court 

A MAN who left his wife “in fear for her life”, and then assaulted her despite a safety order in place, was jailed for a total of 10 months, but will enjoy his freedom in the meantime as he lodged an appeal against his sentence.

The man who can’t be named to protect his wife’s identity is charged with assault, and breach of a safety order, on 14 June at the former family home at an address in Co Kildare.

“He accepts he pushed this lady,” conceded solicitor Brian Larkin of his client who heard the case from the dock, as he had been in custody since the assault occurred.

“The injured party is in court,” said Mr Larkin, indicating her as she made her way slowly to the stand accompanied by staff from Teach Tearmainn the women’s shelter.

When she gave her name Judge Desmond Zaidan noted it was different to her husband’s, and she told him: “I kept my surname”.

She confirmed her present address, before beginning her testimony.

“He put my life in fear, and it was hard for me to breathe freely,” she said.

She confirmed they had children together, but that: “This abuse has been going on for a long time, since I was pregnant with my eldest.”

“Why did you put up with this?” asked the judge.

“I wasn’t willing to give up on this, I hoped to turn it around,” she said.

“I’m not trying to blame you, many victims haven’t left their abusers,” commented the judge.

“When he put his hands on my neck I was worried who would take care of my children,” said the wife.

She explained that the marriage was an arranged one, agreed between their respective families.

“Why agree to an arranged marriage?” asked the judge.

“It works if the two people are working together,” she said.

“I couldn’t see an arranged marriage lasting more than 10 seconds!” joked the judge.

“Not for me after growing up free,” he added. “But thank you for being honest with me."

“It was difficult for the eldest because they saw their dad taken away,” said the wife.

“I have put their names down for counselling,” she said.

“And your only family in Ireland is your children and husband?” asked the judge.

“Yes,” she answered.

Garda Conor O’Reilly told the court that he had been called to the home at around 11.50pm following a report that “this lady was being choked”.

“He didn’t lift her by the neck?” asked the judge.

“He held her by the neck,” clarified Garda O’Reilly.

“It’s a mess,” the judge shook his head before deciding to conclude the case.

“I can finalise today, and it’s highly likely it will be a custodial sentence, but I want to see if he can get treatment from the probation service,” he added, only to be told there was no probation officer present.

“This is not a once off, and it started back with the first child, that’s bad,” said the judge.

High Court

“He’s been in custody for two and a half weeks, if gets another remand he will lose his job in (named place),” said Mr Larkin, although he did point out his client has a date in the High Court this week for a bail application.

“Hah! The district court should be abolished because of the automatic right to appeal,” said the judge.

“This is something we inherited from our colonial past,” he added.

“He has a new address in Dublin and won’t go next nor near (named area),” said Mr Larkin.

“His lawyer is asking for bail with strict conditions, but I’m concerned for his future behaviour with another woman after his divorce,” said the judge.

Mr Larkin then told the court his client was seeking to be sentenced today, and the judge reminded him: “Once the defendant asks to be sentenced, the judge must do so."

The judge added: “Every couple have issues, and if they say they don’t they’re lying.

“He may want to step away from this lady, but if he doesn’t amend his behaviour this might happen to the next lady."

Mr Larkin revealed his client also has a safety order out against his wife.

“He regrets this incident which arose out of clothes left in the bedroom,” he said.

“It’s an ongoing saga, but you can’t put your hands on a woman, or anyone!” said Mr Larkin.

The judge then sentenced the husband to six months in prison for the safety order breach, and a concurrent four months for the assault.

However, a €500 appeal against sentence was immediately lodged, and he walks free from the court for now.