Kildare court: Strike-out in alleged protection order breach case over lack of evidence disclosure

An alleged protection order breach case heard in Naas District Court earlier this week has been struck out due to a lack of evidence being furnished.

Judge Desmond Zaidan made the decision during the court session, which was held in-camera (in private), on Thursday, January 25 last.

The accused was the subject of a protection order taken out against him by his soon-to-be ex-wife (the man and woman are in the midst of divorce proceedings).

Although the judge said that the case appeared before the court back in September of last year, and that it was due to resume on the date in question for hearing, Garda Sergeant David Hanrahan informed Judge Zaidan that there was no record of evidence in the case ever being disclosed to the defence's legal team.

However, the judge replied that he had notes of the last court session before him.

"It's all here, and he (the accused) is here too," he added.

The judge read out that the man was accused of breaching the order on a date in 2022 in County Kildare.

The man allegedly moved the woman out of his way and said: "Out of the way, b***h," which allegedly put the woman in fear.

It was heard that the man and the woman have children together, and are still living together in the same home.

Due to the lack of disclosure, Judge Zaidan decided to strike-out the case without prejudice.

He also advised the man to 'keep an eye' on his children amidst the divorce proceedings.