Man drove wife to station to withdraw assault allegation against him

By Eimear Dodd

A man who drove his wife to a garda station where she made a statement withdrawing an allegation that he had assaulted her has been jailed for 12 months.

The 46-year-old, who can’t be named for legal reasons, was convicted of assault causing harm and witness intimidation following a trial at the Dublin Circuit Criminal Court in February.

The man was acquitted of coercive control. He has no previous convictions.

Judge Elva Duffy imposed a global 12-month prison sentence on the man on Friday.

Judge Duffy said this was “clearly a complex” case and has been difficult for everyone concerned.

The judge noted the man does not accept the jury’s verdict, has not expressed remorse or taken full responsibility for his actions, but has accepted he caused some injuries to his wife.

She said the mitigation included that the man has no previous convictions, engaged with Gardaí and abided by his bail conditions.

She noted the aggravating features included that the assault took place in a domestic setting and that the man displayed violence towards his partner.

She said the intimidation of a witness charge is a “serious matter” as any “attempt to interfere with the course of justice is a very unwelcome departure from what should be the norm”.

The judge noted that witness intimidation in a domestic setting must be considered “more serious”.

A local garda told Michael Hourigan BL, prosecuting, that Gardaí on patrol in Dublin on a date in June 2020 were flagged down as a young child was walking alone on a roadway unsupervised.

The child was in a distressed state and was brought to the garda station, where Tusla was contacted.

The child’s mother was identified and she arrived distressed, telling Gardaí that the child had become separated from family members earlier that day.

The woman also told Gardaí that her husband was a dangerous man who assaulted her. She told Gardaí about a specific incident which occurred a few days beforehand, when her husband spat at her, hit her and called her names.

She showed Gardaí photos of her injuries and bruising was visible while she was in the station.

The woman made a statement, but in October 2020 she made another statement withdrawing her complaint. In April 2021, she made a third statement explaining why she withdrew her first statement, saying she was afraid of her husband.

The man’s legal representative contacted Gardaí the following day to ask if the Director of Public Prosecutions had issued directions in relation to the case.

The woman later came to the station, after her husband drove her there. She was in a distressed state and said she wished to withdraw her statement. She was told that the criminal process was proceeding and she then made a further statement of withdrawal.

The man met Gardí by appointment and while he acknowledged difficulties in his marriage, he denied any wrongdoing.

The woman gave evidence during the trial and resiled from the original allegations made. The jury were provided with a copy of her first statement along with a medical report.

A victim impact statement was handed to the court, but not read aloud. Mr Hourigan told the court that the woman stated a desire to reconcile with her husband.

The local garda agreed with Barry Ward BL, defending, that his client was co-operative and engaged with Gardaí throughout the criminal process.

It was also accepted that the man abided by all bail conditions, which included staying away from his family.

The garda agreed with the defence’s suggestion that the woman initially declined to make a victim impact statement, but decided on Friday to do so. It was further accepted that the woman didn’t have to make the statement unless she wanted to.

Mr Ward said his client doesn’t accept the jury’s verdicts, but does accept he caused some of his wife’s injuries, but says it was not an assault.

Counsel noted the couple are still married and parenting their children. His client supports his family financially and has a good work history.

His client abided by all bail conditions, including staying away from his family except for certain significant events, which has been difficult for him.

Mr Ward handed in seven references on behalf of the man, noting that these individuals consider his client to be “someone positive” in their interactions with him.

He asked the court to take into consideration his client’s mental health difficulties and a medical report was supplied to the court.

Mr Ward submitted to the court that the woman’s injuries were “on the lower end of the range”,  but added it is not suggested that this is an “appropriate way to behave”.

He said his client drove his wife to the garda station “at the behest of others”  but maintains that he didn’t put pressure on her to withdraw her complaint.

Mr Ward said there was no suggestion or evidence of ongoing domestic abuse. He asked the court to consider the victim’s evidence during the trial, but he noted it appeared the jury did not believe it.

He said the court “might be wary”, but said there was “no impetus” or pressure for the woman to make a victim impact statement or to tell the man she was going to do so.

Mr Ward said his client understands the seriousness of the offence, but asked the court not to impose an immediate custodial sentence, suggesting it may be “counterproductive” as the man “contributes to society and his community”.

Judge Duffy noted the woman’s evidence during the trial was in contrast to her original statement to Gardaí. She said it was “clear this was something that was causing her distress” and that she  “wishes for her relationship to return to what it had been”.

She said there was no victim impact statement in the “classic sense” but noted the woman had outlined her “distress at the current situation” and described her husband as a good father.

She said she couldn’t agree to the defence’s application not to impose a custodial sentence and handed the man a one-year sentence on the assault causing harm charge.

The judge imposed a two-year sentence on the witness intimidation charge with the final 12 months suspended on strict conditions. Both sentences are to run concurrently.

The judge said she hoped a condition to keep the peace and be of good behaviour would incentivise the man to “keep on the path” and to avoid any further incidents.