Man jailed for assaulting and intimidating partner

By Fiona Ferguson

A Dublin man who assaulted his then-girlfriend before threatening to kill her and attempting to intimidate her into withdrawing her garda complaint has been jailed for four and a half years.

Gareth McGrath (35) and the woman met while they were attending residential addiction treatment and had a brief relationship after leaving the facility.

Dublin Circuit Criminal Court heard that problems soon arose in the relationship and McGrath became violent towards the woman.

McGrath, of Kilmartin Drive, Tallaght, pleaded guilty to assault causing harm to the woman on two dates on July 29 and August 8, 2023.

He further pleaded guilty to threatening to kill her on August 8, 2023 and intimidating a person assisting An Garda Síochána in the investigation of an offence on dates in August 2023.

McGrath appeared for sentencing via video link from prison. He has 15 previous convictions.

In her victim impact statement, the woman said they had met while they were both vulnerable and she trusted McGrath at the start but the relationship quickly became violent and the trust disappeared. She said she suffered violent and unprovoked assaults and had no option but to contact the gardai.

She said McGrath then tried to pressure her into saying she was lying. She said the offences had a huge effect on her. She suffered flashbacks and other psychological effects.

“I hope I never have to cross paths with him again,” she said, “I am terrified of Gareth.”

Judge Pauline Codd noted McGrath has a history of violence and intimidation against women and said it was aggravating that the final offence in which he exerted pressure on her to drop her complaint against him occurred over a period while she was in hospital.

She commended a neighbour who had stepped in during the first assault to stop the violence.

Judge Codd noted the threats to kill had been accompanied by very real acts of violence.

She said the injured party was also to be commended, noting she had shown immense strength in standing by her statement despite the pressure put on her by McGrath to drop the charges.

Judge Codd took into account McGrath’s guilty plea, his letter of apology and expression of remorse.

She noted his background and difficulty with addiction, which he has taken steps to address.

Judge Codd imposed concurrent sentences of five and a half years and suspended the final year on conditions including that he engage with appropriate services, refrain from drug and alcohol use, have no contact with the injured party and disclose any change in intimate partner relationships.

Garda Aaron Melinn told Jane Murphy BL, prosecuting, that on July 29, 2023 McGrath and the woman had an argument outside her apartment and he became angry as she did not want him to come inside.

He punched her to the face several times and threw her to the ground, causing her to bang her head and side of her ear on the ground. Her neighbour witnessed the assault and came to her aid.

A witness saw her head bang on the kerb and was concerned as she did not get up straight away.

Gda Melinn said about 10 days later, McGrath was at the woman’s apartment, found her phone and became jealous of certain friends she had on Facebook.

He punched her a number of times, put her to the ground and cut into her breast with a butter knife.

A week later she made a complaint to gardai and said he had also threatened to kill her.

She presented at the garda station with multiple bruises including a severely bruised left ear, a hearing deficit in that ear, a bump to her forehead and puncture wound to her chest. Gardai were sufficiently concerned at her condition to have her assessed by a doctor who referred her to A&E.

The court heard that during her time in hospital, the intimidation began with McGrath exerting pressure on her to drop the complaints. She did contact gardai to say she wished to withdraw the complaint at one point but ultimately stood over her statement.

Paul Comiskey O’Keeffe BL, defending, handed in testimonials and a letter of apology from McGrath. He said McGrath has been making excellent use of the educational facilities in prison.

Mr Comiskey O’Keeffe submitted McGrath’s addiction issues were linked to and clearly contributed to these offences. He said McGrath had began to abuse cannabis, cocaine and alcohol after his parents separated when he was a teenager.

McGrath is now clean of drugs and had been attending treatment for alcohol dependency.

Counsel said McGrath’s wider family are law-abiding citizens and he intends to live with his father when he is released from prison, which would be a pro-social environment. He has a positive relationship with his parents. He has worked in metal fabrication and has work available to him.

Mr Comiskey O’Keeffe asked for rehabilitation to be taken into account and said McGrath was a man with promise in his future. He said a place in residential treatment was available to his client.

Counsel submitted McGrath was facing up to and taking responsibility for his actions.