Man who grabbed partner by throat tells Tullamore Circuit Court he knows she still loves him

JUDGE Keenan Johnson said he is very concerned that a woman could return to a relationship with a man who grabbed her by the throat and prevented her from leaving her own home.

Judge Johnson expressed his concern at Tullamore Circuit Court after hearing that letters had been written to James O'Leary (35), The Heritage, Main Street, Birr by the victim Carol Brennan.

The court heard Mr O'Leary had subjected Ms Brennan to what the judge said was a savage, vicious and protracted assault at the home they were sharing on July 6 last year.

Mr O'Leary, who has been in custody since February, appeared at a sentencing hearing following previous guilty pleas to the false imprisonment of his then girlfriend and an assault on her, which caused her harm.

Garda David Lewis told the court Ms Brennan reported the assault on July 8 when she came to Birr Garda Station and the following month detailed how she had returned home from babysitting that night and after letting her in he locked the door behind her.

He hit her on the back of the head as she made her way to the kitchen, punched her, grabbed her by the arm with one hand and the neck with the other and squeezed her throat.

She tried to bite him to get away and when she went towards the door he punched her in the face and blocked her way.

“I actually screamed and he grabbed me by the throat for a second time,” Ms Brennan said in a statement to the gardai.

She remembered sliding down the wall and when she got up and told Mr O'Leary she was leaving her grabbed her again and threw her onto the couch in the sittingroom and punched her on both sides of the face.

She went to the bathroom and then to the bedroom and when she said she wanted to leave he told her that if she was doing that she would have to leave her phone and bank card behind.

He lay on top of her on the bed and when he fell asleep she sent a message to a friend and left the house.

Garda Lewis said he came across Mr O'Leary while on patrol in Cloghan in September last year and after his arrest he made full admissions.

He told the gardai he had been “locked” that night after drinking 10 to 15 cans and would drink seven or eight “just to feel normal”.

Garda Lewis said the accused had 37 previous convictions for a number of different offences, including public order offences and criminal damage and had been sentenced to prison before. He had no previous conviction for assault and at the time of this offence he was on bail from Tallaght District Court.

Garda Lewis agreed with defence counsel Suzanne Dooner, BL, that this was his first time before the Circuit Court and alcohol was a problem for him.

Ms Dooner requested sentencing to be deferred until after a psychiatric assessment of Mr O'Leary and she revealed that he had a very difficult upbringing, had no father present when he was growing up, and had been sent out to beg.

Counsel also said he was subjected to physical abuse as a child and left school at 14 and was then in a relationship and working in Dublin.

Ms Dooner said there was ongoing communication between the accused and the victim and in letters to him she referred to him as “my dearest darling”, “my dearest James” and “handsome James”.

However, she now appeared to have moved on and there did not seem to be any ill will between them.

Mr O'Leary read a letter of apology to the court in which he referred to what was “supposed to be a fresh start for both of us and that didn't happen because I was drinking like a fish”.

He said in the letter that he had been sexually assaulted and Ms Brennan was the only one who believed him.

“I am so, so, so very sorry, I really am. I know you still love me, otherwise you wouldn't come up and visit me, send me letters and pictures and money,” said the accused.

The letter added: “I love you to bits and I wish I could make you feel safe and secure in my arms.”

Mr O'Leary also said to Ms Brennan: “Thank you for getting back with me and giving us a second chance.”

When Ms Dooner put it to him that he now accepted Ms Brennan had moved on, he said he did, and he accepted he had put her in fear.

He said at the time of the assault all he could see was an individual involved in an incident which had happened to him in 2020 when he was homeless in Dublin.

Mr O'Leary also accepted he needed psychiatric help and said he is currently on medication and on a waiting list for treatment.

Ms Dooner said the accused had been sober since February 18 when he went into prison and she suggested a psychiatric report would be needed before sentencing.

Judge Johnson agreed and said that while there was no victim impact report, he had read letters sent to the accused by the victim.

In them she said she was still in love with him and hoped eventually to marry him. “So one would have concerns for the welfare of the victim, given the violent and toxic nature of the relationship,” said the judge.

It appeared he met her when he was homeless and she helped him and she seemed to be very kind hearted and had a good motivation and that may be her vulnerability.

Judge Johnson said the type of violence described had no place in a civilised society: “It is unthinkable that any woman would be subjected to this protracted, violent type of behaviour.”

He noted a probation report stated that while the accused regretted what he had done he also displayed anger towards the victim and it was hard to reconcile those positions.

He had been assessed at high risk of reoffending and among his previous convictions was breach of a barring order taken out by his mother.

The maximum sentence for false imprisonment is life, he said, and he had an indicative sentence of five years in mind but would not finalise it until a forensic psychiatric report is before the court.

He said it would be of concern to him that there is a continuing relationship between the parties and said the victim needed to be spoken about that because of the risk to her safety.

Mr O'Leary was remanded in custody to April 18 next for sentencing and his legal aid was extended to cover the cost of a psychiatric report.