Bail refused for man whose former partner feels 'mentally tortured'

A Donegal man has been remanded in custody after repeatedly breaching court safety orders.

The man was brought before Letterkenny District Court this week following his arrest for breaching the safety order and bail conditions when contacting his former partner.

The man, who cannot be named for legal reasons to protect the identity of the woman, was denied bail.

Gardai gave evidence of arresting the accused man on Sunday night last, June 11. The man, who is aged in his 30s, was arrested under section 33 of the Domestic Violence Act and later charged at Letterkenny Garda Station.

The court heard that a protection order was granted in December 2022. Since then, the man was arrested for an alleged breach in January and then for four alleged breaches in February.

A safety order, for three years, was granted at Letterkenny District Court in March.

Last weekend, the man was arrested for three alleged breaches of the order.

Gardai said they were objecting to bail as they had serious concerns that he would cause harm to the woman, having been arrested three times now for eight alleged breaches.

Gardai said the woman is at 'her wit's end' and is scared for her safety. “He has put her through mental torture since their breakup,” a Garda witness said. “He has shown a total disregard to bail, he has contacted her by phone, text, email and other means and has approaches her at her home house.”

The Garda told the court that he believed that the accused man felt that all charges 'are a complete joke' and that his anger towards the woman is 'increasing week on week'.

From the witness box, the tearful woman said she lives in fear.

“I am terrified,” she said. “I do not feel safe in my house. I feel very unsafe. I feel mentally tortured. I can't get any peace. I am locking myself in the house. He is not listening and he doesn't think that he is doing anything wrong.”

The defendant's solicitor, Mr Donough Cleary, called his client to the stand. The man said he suffers from anxiety and depression. He has been diagnosed as bipolar, he told the court.

“I promise, there'll be no repeat of that, I won't contact her,” he said.

Under questioning by Sergeant Jim Collins, blamed a 'software issue' on his phone for calls made to the woman.

The court was told that the man returned an engagement ring and a note to the woman. Asked about this, the man said: “I owed her a few pound and I thought she could sell it to make the few pound.”

In submission on behalf of his client, Mr Cleary said: “He is endeavouring to rebuild his life. He accepts he has issues and he is trying to deal with them. If he is granted bail, obviously it would be a last-chance saloon. He is not a man who would do well in prison.”

Mr Cleary described the return of the engagement ring and the note as a 'mark of pathos'.

Sergeant Collins said that leeway was previously given to this accused who had not only breached a court order, but also bail conditions.

“I think, with respect, he does not have regard for bail conditions,” he said. “He has a careless attitude to the conditions and we fear that he will not abide. The victim has expressed her concern for her safety, should he be released, and we are seeking that bail not be granted.”

Judge Éiteáin Cunningham considered the evidence and submissions and refused bail.

The man was remanded in custody to appear again before Letterkenny District Court on June 19.