Man breached safety order by checking in on child ill with chickenpox, Kildare court told
IN-CAMERA
A solicitor who appeared in Naas District Court on Thursday, June 8, said that his client’s partner ‘weaponished’ a safety order against him.
Matthew Byrne made the comments during a court session which was held in-camera (in private), in which his client had been accused of breaching the safety order.
It was heard that the man called his wife’s phone to enquire about one of their children, who had contracted chickenpox.
The man and his partner have joint custody over their children.
While the mother was adamant that the call put their children in fear, the prosecuting garda told Judge Desmond Zaidan that the call was very matter of fact, and contained 'no malice.'
Mr Byrne sought a strike out in the case over the breach.
The judge asked to see a paper copy of the order, and when he was handed it, he read the conditions out loud.
He noted that the third point related to communication, and said that while the defendant committed a 'technical breach,' he added that 'a bit of common sense must apply.'
"Honestly, I don’t see how any person can say that they were put in fear (over his comments); the communication was civil" he said.
This sentiment was echoed by the prosecuting garda.
When he asked the garda if the man had to 'spend a night in the cells,' he was told that the man was not temporarily remanded in custody — "That’s good," the judge remarked.
Speaking to the woman, he urged her to 'think about the situation if it was reversed.'
After consideration, Judge Zaidan agreed to Mr Byrne's application for a strike out.