Judge Marian O’Leary
A POLISH national who breached a Protection Order granted to his wife will avoid a criminal conviction if he makes a €120 donation to charity.
The father-of-two, who has been living in Ireland for more than a decade, was prosecuted following an incident at his wife’s home in the city on February 10, last.
While the man, who now lives in the Kilmallock area, did not dispute calling to the woman’s home at around 8am with breakfast for their two young children, he disputed that he had put her in fear.
The woman told Judge Marian O’Leary that after he arrived at the house her husband grabbed her mobile phone telling her he was taking it off her as she had not answered it the previous evening. He added he had bought the phone for her.
The woman said she and her husband have a “lot of problems” and that he also called her a slut while at the house.
Solicitor John Herbert said his client had an argument with his wife and that there was no need for gardai to have been called.
“Where are we going if we are seen to bring the law into every argument that happens?” he asked urging the court not to convict the defendant.
Garda Stephen Leamy said the defendant was “obstructive and slightly aggressive” when he arrived as he did not “see the need for us to be there”.
He said it was obvious to him that the man’s wife was afraid as she was in “floods of tears”.
Garda Leamy told Judge O’Leary when the defendant was formally charged in relation to the incident he replied “I apologise” when he understood to be an apology for his actions on the day.
Following an hour-long hearing and having considered legal submissions Judge O’Leary said she was satisfied the State had proven its case.
However, noting that the Protection Order was lifted less than three weeks later and that there are no ongoing difficulties, she indicated she will strike out the matter if €120 is paid to the court poor box within four months.