Derry man jailed for 10 months for assaulting woman

It is 'no defence' for someone with a Restraining Order to claim that they were approached by the injured party, Derry's District Judge Barney McElholm has said.

He was speaking in the case of a man charged with assaulting a female occasioning her actual bodily harm. 

James Martin Moore (39) of Fern Park in Derry admitted assaulting the woman on January 14.

The court heard that Moore was released from prison on January 11 and probation reported that he had not made contact with them. 

Police attended the woman's address and she told them she had been assaulted by the defendant.

She said he had pulled her to the ground, pulled her hair and  gouged at her eyes.

The woman said she managed to phone her sister who came along with her partner and put Moore out. 

The woman was taken to hospital where she received five paper stitches to a wound over her eye. 

At interview Moore claimed that he had been attacked. 

CCTV was checked and it showed Moore leaving the apartment with his bags. 

Defence counsel Sean Doherty said his client was 'embarrassed and deeply ashamed for his reprehensible behaviour'. 

He said that the defendant had '25 years of offending' and asked the court to be lenient. 

Judge McElholm said that this had been going on for years with this woman and said the court 'would have grave fears for her safety if she continues to associate with this violent individual'. 

He said that this was 'quite appalling, disgraceful violence against this woman.' 

Jailing Moore for 10 months the judge also imposed a Restraining Order for a period of three years and said that he didn't want anyone coming to him to say the woman made contact as that was no defence.