A MAN who was convicted of assaulting his ex-partner has been told that he has a week to leave the country or else face a custodial sentence.
Judge John King made the order at Bandon District Court last week after hearing that Lithuanian Algimantas Levinskas (63) had moved back into his ex-partner’s home in Kinsale, breaching his bail conditions.
Mr Levinskas was convicted of assaulting his ex-partner at the same court in January and served two-and-a-half months of a three-month sentence, with the balance of three weeks suspended for two years.
However, this was on the provision that he was to have no contact with the injured party and that he would leave the jurisdiction as soon as possible and not return.
Sgt Tom Mulcahy told Judge King that not only is Mr Levinskas in contact with the injured party, but is also residing with her, thereby breaching both his bail conditions.
Defence solicitor Myra Dinneen said her client is back at his ex-partner’s home with her consent and she hasn’t made a complaint about him to gardaí.
Gda Cormac Dineen of Kinsale Garda Station said that the injured party felt sorry for him and assisted him and was probably unaware of the bail conditions imposed on him.
He also told the court that while en route to court in the patrol car with Mr Levinskas, there was a strong smell of alcohol from him.
‘That’s another concern we would have about him, especially if he’s living back in her house,’ said Gda Dineen.
However, Judge King said those conditions were to protect her and queried what efforts he has made to leave the country.
‘I’ll give him a week to get out of the country,’ said Judge King. ‘If he doesn’t leave, then I will activate the suspended sentence of three weeks.’
Judge King adjourned the matter to a later date and said if he is still in the country then, he will activate the sentence but if he has left, he will strike out the matter.
