“Remarkable forgiveness” of victim in domestic violence case

By Eimear Dodd

A judge has told a man who breached a protection order and assaulted his partner three years ago that it is due to her “remarkable forgiveness” that he is not facing an immediate custodial sentence.

Judge Jonathan Dunphy made the comments while imposing a suspended prison sentence of two years and six months on a Dublin man who pleaded guilty to assault causing harm and contravening a protection order.

In her victim impact statement, the man’s partner appealed to the court for leniency, saying that while she understands the seriousness of the incident, she now sees it as a “blessing in disguise” as the man has since addressed his addiction and mental health issues.

She said she “doesn’t blame [the man] for that day”, has forgiven him and that a prison sentence would result in homelessness for her and their two young children.

The 31-year-old man pleaded guilty to assault causing harm and contravening a protection order on a date in May 2022.

He cannot be identified as reporting restrictions apply to the naming of a person who contravenes a protection order and to the injured party under the Domestic Violence Act 2018.

Judge Dunphy said this was an “appalling act”, adding that the level of violence and threat used was aggravating.

Noting the mitigation before the court, the judge said it appeared the man had “turned every conceivable corner” as he is working, addressing addiction and mental health issues and is remorseful.

“Despite all that, I would normally have no hesitation sending this man through the custody door as this type of behaviour can’t be accepted,” the judge said.

But, he noted the woman’s plea for leniency and her concerns about the impact of a custodial sentence for the man on their family and living situation.

Judge Dunphy said for that reason alone and “somewhat reluctantly”, he would suspend the sentence under strict conditions for an extended period of four years.

“I think this gentleman realises if he ever sees me again, I’ll activate each and every minute of that sentence,” the judge said.

The man thanked Judge Dunphy, who replied: “there’s no point thanking me, it is thanks to the remarkable forgiveness of [the woman] and your two children, you are free to leave”.

Dublin Circuit Court heard evidence that the woman had a protection order against the man when he arrived at her home around 9 pm on the evening in question and asked to stay.

She refused and entered the building with their young baby.

He followed her into the complex and entered the apartment behind her.

He moved the infant from the sitting room into the hall, then returned to the sitting room and started to assault her, slapping her face twice, grabbing her hair and dragging her by her hair on the floor.

The man went into the kitchen and said, “tell me what you’ve done before I stick you”, with his hand on the kitchen utensil drawer.

He pulled her into the bedroom, punched her in the arms and ribs, then placed his hands around her neck, pressing his thumbs on her throat.

He then pulled the woman back into the sitting room, where she asked him to stop, telling him her arms felt numb. He laughed at her, replying, “that’s shock or a concussion”.

They then went outside, and while the man was moving his car, a woman living in the same complex intervened.

This woman told the man to leave and went with the injured party and the baby back into the apartment complex.

The man came back, and the woman gave him €50 in an attempt to get him to leave. Gardai were called, and the man left before they arrived.

The woman declined medical attention, and the court heard gardai did not notice visible injuries to her at the scene.

The following month, she went to the garda station and made a statement of withdrawal.

The man pleaded to assault causing harm, but this was later rescinded and a trial date taken.

The man then pleaded guilty again on the trial date, the court heard.

The investigating garda agreed with the defence counsel that the man was cooperative and had since reconciled with the woman. The couple recently got engaged.

In her victim impact statement read to the court, the woman said this incident was a “psychological snap” and while she understood its seriousness, she now sees it as a “blessing in disguise”.

She said the man was suffering from “bad mental health” and addiction issues at the time, but has made “huge changes” to his life over the last three years.

She said she had made a statement of withdrawal, but now feels that part of her statement to gardai made the incident seem worse than it was, adding that she was not physically injured.

She said the day was “pure chaotic”, but alongside the lengthy criminal process, it has “changed our lives for the better”.

She said what happened was the “positive nudge” the man needed to break his addiction and move them to the “happier, healthier position today”.

She said the man will “spend the rest of his life making up for this” and has “proven himself time after time over the last three years”.

The woman said she requires the man’s assistance in the care of their two young children, who require additional support.

She said if he went into custody, she would be unable to work and the family would become homeless.

The woman said her partner also provides financial support by working full-time and assists in the care of his mother, who has dementia.

Defence counsel said the man has a diagnosis of multiple personality disorder. He developed depression following his father’s death and his mother’s diagnosis with dementia, and used cocaine and alcohol to self-medicate.

His client is now drug-free, taking his medications and has engaged with psychological and addiction services.

The man is remorseful and grateful to the woman for their reconciliation and continued relationship.

A probation report assessed the man as a low risk of re-offending, and testimonials from family and friends were also handed to the court.

Counsel said a letter to the court from the man states he is lucky what happened wasn’t more serious and describes this as the lowest point in his life, a turning point and catalyst for change.

The man has completed an online anger management course and is being assessed for the Men Overcoming Violent Emotions (MOVE) programme.

Judge Dunphy imposed strict conditions on the suspended sentence, including that the man place himself under the supervision of the Probation Service for 18 months, engage with addiction and mental health support services and carry out offence-focused work.