THE ex-partner of a man who breached a court safety order on three occasions, said she used to be a happy, easy-going person who was always willing to lend a hand.
In a victim impact statement read out at Clonakilty District Court by Judge James McNulty, the woman said that the thought of going outside fills her with dread. She said she doesn’t feel safe at home, has lost weight and suffers insomnia due to her constant worry with her life having been turned upside down. Judge McNulty described her victim impact statement as ‘alarming and disturbing’.
Her ex-partner appeared in custody after the court heard he breached the court safety order for the third time on April 14th by standing on a wall near her home shouting at her. There were also two previous breaches in November and December last year, which the defendant also pleaded guilty to.
The first incident occurred on November 22nd last at approximately 2.50pm when the defendant verbally abused her outside a supermarket. He followed her outside the store and roared at her, despite her having a safety order in place. She became very upset, while he was later arrested.
The second incident occurred on December 19th when the man stood on the fence near her home and started roaring and shouting into her home.
The most recent incident saw the man standing on a wall and shouting and singing, and looking into the back of her home.
Sgt Paul Kelly said the woman was put in fear, and the defendant was arrested and brought before a special sitting of Clonakilty District Court.
The court heard that he has 21 previous convictions, including 17 for public order, two for the possession of drugs, as well as one for assault and one for assault causing harm.
Judge McNulty acknowledged the injured party, who was present in court, for writing her victim impact statement. ‘Before this I enjoyed going for coffee and was involved in the community,’ she had written. ‘I was a happy, easy going person always willing to lend a hand, now that’s all changed.’
She added that the thought of leaving her house fills her with dread. ‘I feel intimidated and I fear what will happen next. I don’t feel safe at home. I’ve lost over a stone in weight and suffer from insomnia.’ She added that the safety orders hadn’t stopped him from offending and that it is causing upset to her kids.
‘I have had to change my day-to-day routine as he knows my schedule and it upsets me that I have no enjoyment in my life.’
Judge McNulty said it was an ‘alarming and disturbing’ victim impact statement, which clearly shows the impact of the defendant’s actions on the injured party.
Solicitor Conrad Murphy said that his client is 36 years old and had been going out with her, but they broke up. ‘It had an effect on him and he was admitted to a mental health facility in a local hospital. He was off his medication but is back on them now and seems to have improved,’ he said.
Mr Murphy added that spending a few days in Cork Prison following the latest breach, had been a ‘sobering experience’ for his client and that he apologises to his ex-partner for the breaches of the safety order.
However, Judge McNulty noted that the defendant was back as recently as April 14th harassing the woman and has ‘caused havoc’ in her life.
‘All she wants to do is live in peace with her grown-up children and have a social life free from any fear and this court wishes to restore this for her,’ said Judge McNulty. He sentenced him to 10 days for the first breach in November and 10 weeks for the second breach, which he said must be served consecutively as the defendant was on bail at the time of the offences.
Judge McNulty sentenced him to 10 months for the most recent breach, but suspended it for two years provided he agrees to the usual conditions of keeping the peace and being of good behaviour. He also added two special additions, including that there should be no further breaches of the safety order which is in place for the coming three years.
He also directed him not to go to any house close to his ex-partner. ‘If he has friends or relatives living near her, he is to stay well clear of her home,’ said the judge.
Recognisances for an appeal were fixed in the defendant’s own bond of €100, while Judge McNulty also sought two independent sureties of €3,000, with one third to be provided in cash for each one. Those sureties will need to be approved by him and he said it’s all about the supervision of the defendant if he’s on bail.
