Pensioner jailed for abusing disabled wife breached non-molestation order after release
A pensioner who was jailed after he subjected his disabled wife of more than 50 years to what a judge said was a 'frankly harrowing' domestic assault, breached a non-molestation order soon after he was released, a court heard today.
Originally, Stewart John Nicholl was jailed last January but Ballymena Magistrates Court heard today how a ring doorbell camera captured the 75-year-old at the home of his former wife on 12 April this year.
A prosecuting lawyer told the court that thankfully, the victim was not home at the time but she made the discovery on reviewing footage.
She told police how Nicholl had been recorded going into the garage and retrieving tools before leave her Islandmagee home.
As part of the original sentence, Nicholl was also handed a non-molestation order.
In that case Nicholl, now with an address on the Castle Espie Road in Comber, entered guilty pleas to offences of making a threat to kill, assault, threatening behaviour and criminal damage.
The court had heard that during an argument in the former marital home on 27 October last year, Nicholl pushed his wife to the floor and while the terrified lady was down, he took her phone, kicked her and 'slapped her to the face.'
The lady, who has mobility issues and uses a crutch to get around, was not able to get up so she had to lie on the floor for several hours and a prosecuting lawyer told the court that all the while, Nicholl was subjecting her to verbal abuse.
The lady managed to drag herself to the bathroom where she locked the door but Nicholl 'is stood outside giving a countdown' where he threatened that 'I am going to kill you and it's going to be done slowly, over a few days.'
While Nicholl had taken his wife's mobile phone, thankfully she was wearing an Apple Watch and she was able to use that to call the police.
The lawyer said that when officers arrived at the scene 'she was still in the bathroom on the floor and police helped her up,' adding that the pensioner was 'very distressed.'
In court today, defence counsel Connel Trainor emphasised Nicholl's guilty plea and that despite being 75-years-old and with health problems, he still works.
He suggested the pensioner would benefit from statutory intervention.
When District Judge Nigel Broderick sentenced Nicholl for the original offences, he told the defendant 'these facts are quite frankly harrowing…the horrors you put her through are nothing short of despicable.'
Today the judge told the pensioner seeing him around her home 'obviously would have been distressing and a source of concern' for his former wife.
He told Nicholl that instead of sending him back to jail, 'just on balance,' he would impose a combination order of 12 months probation and 75 hours of community service, in addition to a further two-year restraining order.
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Sunday World
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Pensioner jailed for abusing disabled wife breached non-molestation order after release
Stewart John Nicholl was jailed last January but Ballymena Magistrates Court heard today how a ring doorbell camera captured the 75-year-old at the home of his former wife A pensioner who was jailed after he subjected his disabled wife of more than 50 years to what a judge said was a 'frankly harrowing' domestic assault, breached a non-molestation order soon after he was released, a court heard today. Originally, Stewart John Nicholl was jailed last January but Ballymena Magistrates Court heard today how a ring doorbell camera captured the 75-year-old at the home of his former wife on 12 April this year. A prosecuting lawyer told the court that thankfully, the victim was not home at the time but she made the discovery on reviewing footage. She told police how Nicholl had been recorded going into the garage and retrieving tools before leave her Islandmagee home. As part of the original sentence, Nicholl was also handed a non-molestation order. In that case Nicholl, now with an address on the Castle Espie Road in Comber, entered guilty pleas to offences of making a threat to kill, assault, threatening behaviour and criminal damage. The court had heard that during an argument in the former marital home on 27 October last year, Nicholl pushed his wife to the floor and while the terrified lady was down, he took her phone, kicked her and 'slapped her to the face.' The lady, who has mobility issues and uses a crutch to get around, was not able to get up so she had to lie on the floor for several hours and a prosecuting lawyer told the court that all the while, Nicholl was subjecting her to verbal abuse. The lady managed to drag herself to the bathroom where she locked the door but Nicholl 'is stood outside giving a countdown' where he threatened that 'I am going to kill you and it's going to be done slowly, over a few days.' While Nicholl had taken his wife's mobile phone, thankfully she was wearing an Apple Watch and she was able to use that to call the police. The lawyer said that when officers arrived at the scene 'she was still in the bathroom on the floor and police helped her up,' adding that the pensioner was 'very distressed.' In court today, defence counsel Connel Trainor emphasised Nicholl's guilty plea and that despite being 75-years-old and with health problems, he still works. He suggested the pensioner would benefit from statutory intervention. When District Judge Nigel Broderick sentenced Nicholl for the original offences, he told the defendant 'these facts are quite frankly harrowing…the horrors you put her through are nothing short of despicable.' Today the judge told the pensioner seeing him around her home 'obviously would have been distressing and a source of concern' for his former wife. He told Nicholl that instead of sending him back to jail, 'just on balance,' he would impose a combination order of 12 months probation and 75 hours of community service, in addition to a further two-year restraining order. Stewart John Nicholl News in 90 Seconds - July 24th
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