Man avoids jail for assaults on ex-wife

By Eimear Dodd and Isabel Hayes

A man who assaulted his now ex-wife on multiple occasions over a decade ago, engendering “fear and violence” in their relationship, has been given a suspended sentence.

Sentencing the man on Friday, Mr Justice Paul McDermott said it was a case in which more good could be obtained by suspending a custodial sentence and imposing a number of conditions on the offender.

The 41-year-old Dublin man, who can’t be named for legal reasons, was initially before the Central Criminal Court on alleged sexual offences alongside the assault counts.

He pleaded guilty to one count of assault causing harm, with a number of other assault counts taken into consideration.

He has no previous convictions.

The court previously heard that the State wished to enter a nolle prosequi on the other counts, meaning these charges against the man were dropped.

Imposing sentence, Mr Justice Paul McDermott said the man was seven years older than the complainant, who moved over here to be with him.

He noted she was isolated in the community and he engaged in bullying and dominant behaviour towards her.

“There was a degree of isolation that was exploited by (the man),” the judge said.

The assaults themselves were “nasty” and included the throwing of sharp objects, one of which led to a scar.

“Fear and violence was engendered,” he said. “Manipulation occurred.”

The judge said that the type of behaviour the man engaged in is now a specific offence, although that was not part of these proceedings.

He noted the fact that the couple are now divorced and co-parent a child who spends a significant portion of time in the care of the man.

“The circumstances in which all of the parties find themselves justifies the suspension of the two year sentence on conditions,” the judge said.

He handed down a two year sentence which he suspended for a period of five years.

He ordered that the man co-operate with the Probation Service and engage in any therapeutic intervention it recommends, as well as domestic violence courses.

He ordered that the man not have any contact with his former partner, outside of the parameters of organising childcare arrangements.

He told the man that if he is in breach of any of these conditions, or re-offends, then he will be brought back to court for reactivation of the sentence.

Karl Finnegan SC, prosecuting, previously told the court that the man and the victim came into contact on online chatrooms in 2006, when she was then 16 and living with her family in the United States.

They remained in contact and the man travelled to the United States to meet her that September and a few months later, she moved to Ireland to live with him.

They later married in 2008.

The investigating garda told the  court that in October 2009, the man and the woman had an argument during which he threw a bottle at her.

He then left the room and she followed him. The man then pushed her against the wall with his hand on her neck, the court heard.

She couldn’t breathe and her eyes watered.

The man was practicing jiu jitsu in 2010 and on one occasion, he got her arm and twisted it upwards, causing an injury.

On another date in 2012, she was lying on the floor watching TV when he got off the couch and started wrestling with her and biting her arms.

The woman laughed initially and was then shocked.

The man repeated this behaviour around five or six times over an eight week period with the victim wearing long sleeves to hide the bruises.

In June 2012, he threw a scissors at her while she was wrapping a birthday present for their young child.

He threw the scissors with such force that it hit her ankle, breaking the skin and leaving a scar.

Later that same year, he threw a fork at her hip, with such force that it broke the skin.

The court heard that their relationship broke down in 2013 and on one occasion, the woman wished to take their child to work with her.

The man told her she was crazy and having a breakdown, before tripping her.

She fell and hit the counter.

The victim made a statement to gardai sometime later and the man was arrested by arrangement.

During his first interview, he read a prepared statement in which he denied the allegations.

The couple’s divorce was finalised in 2019 and both parties have shared custody of the child.

The investigating garda agreed with defence counsel that the man co-operated with gardai during the investigation and has not come to recent negative attention.

Reading her victim impact statement, the woman said there was physical abuse throughout the relationship and she remains afraid of the man.

She said she was “isolated” and would often be “humiliated and degraded” in front of her family when they visited.

She outlined that the man had “strict rules” about everything and she had to ask permission to shower.

She said she was “terrified” and the man told her there was something wrong with her, but therapy has helped, confirming that she is not “crazy”.

“I did not deserve the abuse. No one deserves that level of abuse but I don’t want to live in fear anymore”, the woman said, adding that she still suffers with panic attacks, anxiety and PTSD.

Fiona Murphy SC, defending, said the man wishes to express his remorse, shame and to take responsibility for his actions.

The court heard he has a good work history,  but has been on long term sick leave since 2021.

A number of testimonials were handed to the court along with a letter from a GP confirming that the man is engaging with psychiatric services.

The man and the victim co-parent their child and the arrangement is working well, counsel said.

The man has since re-married and his new partner was in court to support him, but does not condone his behaviour.

There is “no suggestion that she has been or would accept” this type of behaviour, counsel said.

The defendant has “matured” and become a man “who does not engage in this type of behaviour against a partner”, counsel said, asking for as much leniency as possible for the man