Judge blasts ‘grotesque abuse' of Laois court

An allegation of a safety order breach was described as a ‘grotesque’ abuse of the court process by a Judge at Portlaoise District Court.

Judge Andrew Cody made the comments after hearing evidence and viewing CCTV footage in relation to an alleged breach of an order at Portlaoise District Court on February 3, 2026. 

A man (49) with a Kildare address who cannot be named due to the  nature of the proceedings, appeared before Portlaoise District Court accused of breaching the safety order in relation to a woman. 

Garda David O’Byrne said a woman had attended at Portlaoise Garda Station and made the allegation in relation to the breach at 4.50pm on the date in question. 

“She alleged (the defendant) walked in her direction, stared at her and said how’re ya,” said Garda O’Byrne.  He told the sitting of Portlaoise District Court that the incident had been captured on CCTV inside the courthouse. 

Garda O’Byrne said he attended at the accused man’s house at 11.40pm on February 5, 2026 and arrested the accused who was then taken to Abbeyleix Garda Station. 

Garda O’Byrne said when the man was later charged and cautioned he replied: “I am the victim of coercive control and stalking and it is being investigated by Gardaí in Portlaoise and a file is being prepared for the DPP.”  

The defendant was brought before Athlone District Court before being released on bail. Garda O’Byrne said the accused had abided by his bail conditions. 

Solicitor Josephine Fitzpatrick asked Garda O’Byrne if he proposed to play the CCTV of the incident in court. He said he would play the CCTV for the court.

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The CCTV was played in court and it showed the complainant sitting on a bench as the defendant walks by and a few minutes later walks past again. 

“Is that it?” asked Judge Andrew Cody after hearing the evidence. He noted the accused was alleged to have said “how’re ya” and he asked if that was the extent of the case? Then Judge Cody said, “god help us all”. 

He noted the woman was sitting on the bench when the man walked by and had not attempted to move or go anywhere in spite of the fact that the man would have had to pass her on his return from the bathroom. 

Ms Fitzpatrick noted Garda O’Byrne hadn’t arrested the man until almost  midnight two days after the incident. She said there didn’t appear to be any urgency in the arrest and she noted the man was detained at his home at 11.40pm, brought to a Garda station, held in custody overnight and charged. 

“His holding didn’t end there because then he was brought to Athlone District Court,” said Ms Fitzpatrick. She asked Garda O’Byrne if he had seen the CCTV footage before he arrested the accused. Garda O’Byrne said he hadn’t.  She asked why it was necessary to arrest the accused two days later at 11.40pm at night. 

Sgt Mark Daly said Gardaí would have a pro arrest policy in relation to domestic violence incidents.   

The woman who made the allegation then took to the witness box. She explained that when she had arrived at the court she had gone to the rear area in order to remain out of sight. She said she was sitting with two friends when the man walked into the rear of the courthouse and said “how’re ya”. 

“This put me in fear,” the woman stated. She said the fact that he had spoken and was in her presence put her in fear. 

 “I was in fear when he walked past me,” the woman stated. 

Ms Fitzpatrick asked the woman why she hadn’t moved even though the man would have walked past her again on leaving the bathroom. 

“I put my head down out of fear,” the woman replied. She said “I just sat there. I was in fear, just frozen,” she said. 

Ms Fitzpatrick said her client would say he hadn’t been aware that the woman was at the rear of the court. 

Judge Cody described the allegation as “utter rubbish” and said “nothing good, bad or indifferent happened on the day”. He said the case was “a complete waste of the court’s time”. 

“This is a grotesque abuse of the court process”, said Judge Cody. 

He said Gardaí and the courts were being used “as an instrument of coercive control” as he dismissed the case.