Woman declines to give evidence against assailant at Kildare court

A MAN was fined €750 and not jailed after the woman he assaulted declined the offer to testify against her assailant.

Barry Dempsey (44) with one address at The Harbour, Nelson Street, Athy, although now believed to be of No Fixed Abode, was due in Athy District Court to be charged with the assault at Barrow Quay in the town on 11 October 2024.

“He’s not here, he’s in a tent by the river,” said the one of the local gardaí who knows him.

“A female was hit in the face and body,” explained Sergeant Ruth Coleman. “The defendant and his girlfriend were having a domestic, the injured party intervened, was struck in the face, and body slammed to the ground."

“Like you would see in the wrestling?” asked a mildly incredulous Judge Zaidan.

“I presume so,” said the sergeant.

The judge then gave the investigating officer time to speak with the injured party before he decided how to rule.

When defending solicitor Jackie McManus said she had seen the victim outside the court, the judge put the case to second calling.

However, on return to the list, Inspector Jason Crotty told the judge: “I have spoken with the injured party, and she doesn’t wish to give evidence."

The judge left it at that, and in Dempsey’s absence fined him €750.