A 33-YEAR old Bantry man, who assaulted the mother of his two children, has spent two weeks in custody. Evidence in the case was heard at a previous sitting of Bantry District Court but the case was adjourned to a more recent court, at which all matters were concluded.
The accused, who was legally represented by Flor Murphy solicitor, had been taken into custody pending the production of an updated probation report.
At a previous sitting, Judge James McNulty said the accused had not taken responsibility for his actions and adjourned the case to allow him time for further reflection.
On a charge of assaulting his former partner in Bantry on January 19th 2022, the accused was sentenced to 30 days imprisonment, but the judge held the prison time to have been served.
For an offence of being in breach of a safety order on February 23rd 2022, the accused was sentenced to 30 days, but that, too, was deemed to have been served.
Judge McNulty convicted the accused of being in breach of a safety order at the home of his former partner on August 12th 2023, but he deferred the penalty to the December 14th sitting of Bantry court.
The court ordered the accused to subject himself to probation service supervision, a monthly review for the next 12 months, and random urinalysis.
On a charge of failing to appear at a sitting of Bantry District Court – at which the case went ahead in his absence – the accused was also placed under probation service supervision.
The man was convicted of contravening a safety order at Wolfe Tone Square on March 14th 2023. On that occasion, it was alleged that he was verbally abusive to his former partner, causing her to fall onto the ground. On that charge he was sentenced to 10 months but that was suspended for a period of two years.
The sixth charge dealt with by Judge McNulty was in respect of an offence at his former partner’s home.
For being in breach of a safety order the accused received a 10-month suspended sentence.
On that occasion, it was alleged that the accused tried to gain access to the house by kicking and punching the front door.
He was charged with causing criminal damage and a 10-month suspended sentence was imposed.
Mr Murphy said his client was incorrect in his assumption that his children were in need of his assistance on that occasion. He said his client was both ‘uninvited and unwelcome’ and his actions put his former partner in fear. With family support, the solicitor said his client is now taking medication to address his mental health issues, namely anxiety.
The solicitor said his client has also secured accommodation outside of Bantry and was willing to agree to supervised visits with his children.
The solicitor said his client regrets his actions, and apologised for his behaviour. ‘He accepts he can’t breach court orders or assault people,’ said Mr Murphy.
Judge McNulty said the case was one of assault in a public place, not family law, and that the ex-partner is entitled to the protection of the court. ‘He is to obey all the court orders made for her protection,’ said Judge McNulty.
