Judge to consider prison sentence for Cork man who tried to choke his wife
A woman tearfully described on Thursday how her husband tried to choke her in the family home and made highly personally insults to her.
Judge Philip O'Leary said that after hearing of one incident when the woman was in fear the day after she was granted a protection order, he might have dealt with the matter under the Probation Act, but he said it was made much more serious by this second incident where the man assaulted his wife.
'This second matter may merit a prison sentence. I will put it back for a probation report and maybe an assessment for his suitability for a community service order,' Judge O'Leary said.
The judge told the defendant's solicitor Pat Mullins that he should impress on the 37-year-old man the seriousness of the situation and the importance of co-operating with the probation service.
The two cases against the same defendant were heard at an in-camera hearing of Cork District Court to deal with matters under the Domestic Violence Act.
Two incidents
Garda Clare Sheehan agreed under cross-examination that the first incident on September 10, 2024, was verbal but that it was serious enough that the complainant felt it necessary to lock herself into her bedroom.
The victim said that her husband reacted when he became aware that she had obtained a protection order, saying: 'How dare you take out a protection order… My life is over. So is yours. You are a whore.' He denied saying this and said that his wife had anger management issues and that he had a protection order against her too.
Garda David Ahern said of the second more recent incident that he responded to a 999 call about an alleged breach of a protection order. The injured party said that after an argument: 'He grabbed my neck and tried to choke me. He pushed me and I hit my head on the radiator. He sat on to me and said something really bad about my private area.'
The defendant denied all of this and said she was the one who slapped him in the face and that previously he was hospitalised after an incident at home.
He said of her evidence: 'It is all a fabricated story. It is all made up. It is not genuine.' Judge O'Leary convicted him on both breaches of the protection order. Sentencing was adjourned until September 11 to allow time for a probation report.
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