KILDARE: Emotional scenes during contested domestic violence court case

Both of the main parties involved in a contested domestic violence case heard in Naas District Court became emotional during a court session.

Previously, Judge Desmond Zaidan granted an interim protection order for a woman in fear of her ex-husband. 

He also praised the bravery of the woman’s child for calling the gardaí, allegedly in defence of her mother.

On the latest date — Thursday, December 7 last — the man, who was remanded in custody, appeared before Judge Zaidan as part of a bail application.

The man stood accused of physically abusing his ex-wife and making threats to kill her, claims which he adamantly denied.

It was heard that the man is a member of the Defence Forces, and as such, a separate member of the Defence Forces was present to observe the proceedings on the date in question.

A garda who was sworn in told Judge Zaidan that they objected to bail being granted for the man on the grounds of him being a flight risk, his likelihood to interfere with the alleged injured party, and his likelihood to commit further serious offences, and the weight of the evidence against the accused.

The garda added that the woman went straight to gardaí following an assault committed against her earlier this year, and also made reference to a separate assault allegedly committed by the man on a date in 2022.

"Both assaults took place in the family home," the garda claimed.

She (the garda) further said that both the woman and her child were in fear of the man.

Copies of two photographs showing the woman’s injuries were shown to the judge.

Mr Powderly told the garda that his client alleged that the woman ingested drugs, and that he acted in self-defence against her.

He also said that he took issue with a post the alleged injured party made on social media, in which she shared previous coverage of the case and also photographs of her injuries.

Defending solicitor David Powderly was critical of the defendant's decision to post information relating to his client online.

When he asked the garda if she approved of this, the garda said: "Absolutely not. I have been made aware of the post by my colleagues), but I have not personally seen it."

Mr Powderly also said that because his client was a member of the Defence Forces, he was used to routine and discipline, and so he would be a good candidate for strict bail conditions.

He further said that his client enjoys the presumption of innocence and has no previous convictions.

However, the garda still maintained her concerns about the accused.

When the alleged injured party took to the stand, she said that her post was not a personal attack against her ex-husband, but instead a post to raise awareness about the issue of domestic violence in general.

"I didn’t name him," she said, but Mr Powderly countered that she also put details of her next court appearance in her post.

Judge Zaidan briefly interrupted, in which he warned the woman that she would compromise her case if she kept on posting information relating to her case online.

"The reporting restrictions are there for a reason, it’s to protect you and your [child]," the judge told her.

When Garda Sergeant Mary Meade asked the woman what her fear was if her ex-husband was granted bail, she became emotional and replied: "That I will be killed."

"I would not be here if it wasn’t for my child," she said: "He said to me: 'I will f**king kill you and bury you'".

Upon hearing this, the man interjected: "That is not true, why would you say that?", he asked her.

The man also became emotional as the court proceedings went on.

Mr Powderly then brought up how she shared a news article relating to her case online, but the woman pointed out that no identifying details were in the story.

Judge Zaidan added: "I read that article too, the press didn’t identify anyone."

Mr Powderly told the woman: "You are using social media to distort my client’s name. People know who he is."

"How?" she asked him, to which he replied: "You said (in your post) that he was a member of the Army, people (that knew her and potentially also him) were able to link him from that.

"You should be letting the gardaí do their job and not trying to run the case on social media," Mr Powderly said.

The woman again maintained that she posted her injuries to show the impact of domestic violence in general.

She also said that her child now wets the bed and has night terrors as a result of witnessing the alleged abuse.

Shortly after this allegation was made by the alleged injured party, the defendant could be heard saying 'Why?' to himself.

When the woman left the stand, Judge Zaidan recommended that the woman discuss her concerns about her safety with gardaí.

Mr Powderly also said: "This (case) has been very traumatic for the alleged injured party, but (posting) the social media posts was wrong; it was the incorrect interpretation (of the in-camera laws). 

"She can’t have it both ways."

In response, Judge Zaidan said that he agreed with Mr Powderly on this point, and again warned her to not put anything else about the case on social media.

He also asked the woman: "How is that (posting content in relation to the case online) going to help your daughter?"

After consideration, Judge Zaidan said that while he took onboard Mr Powderly’s submissions, he had concerns regarding the serious nature of the allegations against the defendant, and also the fact that the two parties are known to each other.

He also said that the man’s membership within the Defence Forces was 'an aggravating feature' in this case, and also cited the apparent strength of evidence according to gardaí.

The judge ultimately decided to refuse the bail application, and remanded the accused in custody until the case resumes at a later date.

A book of evidence is expected to be served by garda on the defendant when the case resumes.

If you have been affected by this article, you can find resources to help you by contacting Women's Aid at 1800 341 900 or emailing [email protected], or Men's Aid by ringing 01 554 3811 or emailing [email protected].

Additionally, you can find resources to help you by emailing Samaritans Ireland at [email protected], or by ringing 116 123.

For resources relating to young people who are concerned about domestic abuse, please visit Barnardos.ie.