KILDARE COURT: No bail for man who 'kicked his partner in head at cinema'
Allegation
A man facing an allegation of assaulting his partner was denied bail at Naas District Court.
is being prosecuted for assault on two occasions between December 2 and December 9.
On December 9 last it’s claimed that she was assaulted at the cinema and the man is also facing an allegation of damaging a sandwich board display sign also on December 9.
Sgt Brian Jacob told a previous hearing that it’s being claimed that the woman was kicked in the face, slapped in the face and had her clothing grabbed. He said there were at the cinema and were coming out when the incident happened.
He said there was swelling and bleeding to her face and there were marks on her legs.
He said it would also be claimed that on December 2 she sustained a bite to her lip and had a significant cut to her bottom lip.
Sgt Dave Hanrahan objected to the granting of bail and said there is a fear that he will commit further incidents.
He also pointed out that the defendant, a foreign national, has no fixed abode and no ties to the local area.
He said the injured party had not been very cooperative and “there may be reasons for this.”
He described their relationship as “on and off, fractious and violent.”
The court was also told that the defendant is unemployed and previously supplied an address he did not live at.
The sergeant added the defendant is a reluctant witness and “it may not be that she doesn’t want a prosecution.”
Solicitor David Gibbons pointed out hsi client has been in custody for three months and while the gardaí are entitled to be concerned about the injured party, they are not entitled to “have him locked up indefinitely.”
Judge Desmond Zaidn said that the case had a history of bail applications.
The defendant was refused bail before in the district court, then granted it in the high court, which later revoked it.
Noting he previously refused bail, the judge said that the lawmakers have given the defendant the right to “waste my time.”
Judge Zaidan added: “The people who make the laws need to look at what they are doing and how the laws are implemented.”
He also noted that the injured party may not be willing to pursue the case but this is not a reason not to proceed because if thai was the case nobody would be charged with manslaughter or murder because the victim is dead.
He said the case is being taken on behalf of the people of Ireland and the woman is only a witness in the state’s case against him. ”It’s not a case of the injured party versus the defendant.”
He also said that there is other evidence, such as CCTV images, apart from the woman’s evidence.
He noted that the alleged victim is very vulnerable and living rough at the old cement factory premises at Dublin Road, Naas.
The man was sent forward for trial to Naas Circuit Court.