Convicted sex offender sentenced by Kildare judge for breaching order

A convicted sex offender was ordered to serve a custodial sentence for breaching a safety order against his ex-wife.

The man appeared before Judge Desmond Zaidan at Naas District Court on Thursday, March 14 last.

It was heard that the man had previously been convicted for sexually assaulting his ex-wife, in addition to committing an aggravated sexual assault on her.

The man’s ex-wife was previously granted a three-year safety order against him.

He is also the father of the woman’s child.

The court was told that the man had sent her a WhatsApp message showing a photograph of him and his family while they were out on holidays, alongside a smiley-face emoji.

This constituted a breach of the safety order.

A guilty plea was submitted by the man in relation to the offence.

Judge Zaidan said that he was familiar with the background between the man and the woman.

Commenting on the case before gardaí and defending barrister Mark Gibbons, Judge Zaidan said; “On the surface, him sending the photo does appear to be harmless... but when you take into account the fact that she (the woman) was the subject of aggravated sexual assault (which was committed by her ex-husband), and he was convicted for it, then it is not so straightforward.”

Mr Gibbons told the judge that his client only sent the photo so that she could show their child the photo, and added that his client feels that his ‘right as a father’ has been taken from him.

He also said his client has an acquired brain injury.

However, Judge Zaidan did not accept the defence’s argument.

The judge said to Mr Gibbons: “If he had accompanied the photograph with a message saying that it was meant for their child, then maybe I would hear out his defence.”

Judge Zaidan also remarked that he felt that the man was ‘attempting to goad’ the woman with the photograph, and added: “I think it is cowardly that he is trying to use his child as an excuse (for his actions).”

The judge decided to impose a nine-month custodial sentence on the man, which he backdated to February 26.

He set appeal at €500.

Reporting restrictions were imposed on the case, in order to protect the identities of the woman and the child.

If you have been affected by this article, you can find resources to help you by contacting Samaritans Ireland at [email protected] or by ringing 116 123, as well as by visiting pieta.ie (Free 24/7 Crisis helpline: 1800 247 247 or Text HELP to 51444).

You can also find additional resources at the Rape Crisis Centre at http://drcc.ie.