A CIRCUIT court judge said it was ‘sinister and disturbing’ that a father was texting his son in the middle of the night asking him to spy on his mother, who had taken out a barring order against him.
Judge Helen Boyle was dealing with a case at Bandon Circuit Court where a dad-of -three appealed the severity of a sentence that he received in the District Court for five breaches of the barring order by communicating with his son.
Insp Emmet Daly told the judge that a complaint was made by the mother of the child on September 12th last, where she said her 10-year-old son was receiving WhatsApp messages from his dad in the middle of the night.
He said she had secured a barring order against the defendant and this included not communicating with her or their children. There was also concern about a video taken by her son of her in bed with her new partner, which was sent to the defendant.
Insp Daly said the defendant was asking his son in the early hours of the morning to check were there empty alcohol bottles outside the home.
BL Emmet Boyle said his client wasn’t allowed in the family home and he had no access to his children.
‘His requests to his son was to enquire if the mother of his children was drinking excessively and it doesn’t paint a glowing picture of him,’ said Mr Boyle.
He said his client has no previous convictions for breaching this type of barring order and is remorseful and has moved from West Cork and is now living in the east of the country.
‘He didn’t understand that he couldn’t communicate with a dependent person of the applicant who took out the barring order.’
Judge Boyle said the defendant was completely abusive to his son by texting him in the middle of the night.
‘It’s sinister and concerning and I see his son even told him to stop texting him in the middle of the night. It was none of his business who was in the house,’ said Judge Boyle.
‘My concern is the effect this is having on the son who was being asked to spy on his mother and it’s disturbing.’
Acting state solicitor Jerry Healy said the accused, who contested the charges in the lower court, has previous convictions for road traffic offences and public order and acknowledged that he removed himself from West Cork and is now living elsewhere.
Judge Boyle said this is a serious matter which she said warrants a custodial sentence. She sentenced him to 12 months in prison but suspended it for 12 months, provided he enter a bond to keep the peace and stay out of West Cork except for court appearances.
