Man jailed after claiming five-year-old girl made call that breached safety order
A repeat offender who breached a safety order by calling his former partner and tried to blame a five-year-old girl for dialling the number has been jailed for three months. The man, who is in his 30s, had pleaded not guilty under Section 33(1) of the Domestic Violence Act 2018 after the court heard the woman was put in fear by the phone call, which came while she was at home with their children. The woman told Tallaght District Court she was getting the children ready for school when her phone rang on July 2, 2024. 'I was afraid. I just left the house with the kids,' she said. 'Usually when he rings, something bad happens. I felt it was unsafe to stay.' She said she didn't answer the call, but that it was enough to put her in fear. Under cross-examination from defence solicitor John O'Leary, she accepted she didn't know what the caller had intended to say, as she hadn't picked up. Garda Shane McCabe told the court that the complainant attended the Garda station on the evening of July 2 to report a possible breach of a safety order. He said she appeared agitated when giving her statement. Garda McCabe also told the court that the accused had six previous convictions, including assault, driving without insurance, and three prior breaches of safety and protection orders. The accused told the court he had been in a car when the call was made. He said he had given the phone to a child in the car and claimed she must have dialled the number.
He told the court he had previously deleted the complainant's number but was using a new phone and had inserted a SIM card that still contained the number.
He said he hadn't realised it was saved and only discovered the call had been made after checking the dialled numbers on the phone when the child returned it to him. Prosecuting solicitor Tom Conlon, for the DPP, suggested the explanation was too convenient.
'So it just so happened that a five-year-old took your phone and made a call - coincidentally - to the very person you're barred from contacting under a court order?' he asked. Mr Conlon also asked whether the accused had given that explanation to Gardaí at the time. 'I think I did, yeah,' the man replied. Mr O'Leary, in mitigation, said his client had been in an on-and-off relationship with the complainant for many years and 'loves her to bits". Counsel said the man was getting on well in custody, working in the prison kitchen, and wanted to put the matter behind him. Judge Shalom Binchy said there was nothing in the defence's mitigation to suggest the accused was addressing his issues with violence towards women. 'It's clear from his previous convictions that there's a difficulty in relation to violence and his attitude towards women,' she said. 'And not only that - he's now blaming a five-year-old girl for this breach.' She noted that the case had been contested and that the accused had three prior breaches of protection orders. She sentenced him to six months in prison, with the final three months suspended for 18 months.
The man must enter a bond of €300 and attend the MOVE (Men Overcoming Violence) programme within three months of his release.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Sunday World
a day ago
- Sunday World
Man pepper sprayed at Longitude after calling garda ‘c**t', urinated in a cell
Paul Davis (38) pleaded guilty at Tallaght District Court to criminal damage at Rathfarnham Garda Station A 'highly intoxicated' man who was pepper sprayed at Longtitude after aggressively calling a garda a c**t before going on to urinate in his cell has told a court that cannabis 'isn't a drug'. Paul Davis (38), of Deanstown Road, Finglas, Dublin 11, pleaded guilty at Tallaght District Court to criminal damage at Rathfarnham Garda Station and to threatening and abusive behaviour and intoxication in a public place at Marlay Park on June 29, 2024. The court heard Davis was highly intoxicated at the festival when Gardaí observed him arguing with security staff around 5:55pm. He was slurring his speech and acting in an aggressive and confrontational manner. When approached by Garda Stephen Walsh and asked to calm down, Davis called the garda a 'c**t' repeatedly and continued to be aggressive. He was pepper sprayed and arrested before being brought to Rathfarnham Garda Station. While in custody, he urinated on a cell door. The court heard that Davis has 54 previous convictions, including those for public order and criminal damage. The court had previously heard in May that Davis had been drug-free for 10 months, regularly attended AA and NA meetings, and was engaging with Cuan Mhuire services. However, he later admitted to the Probation Service that he still smokes cannabis daily and was found unsuitable for community service. When asked to explain this in court, Davis said: 'Cannabis isn't a drug - it's a plant.' Judge Patricia McNamara responded: 'Oh, well then you think heroin is just a plant?' Davis replied: 'Well no, heroin is chemicalised.' Judge McNamara said: 'There are plenty of chemicals in cannabis too. There are chemicals in it you'd find under your kitchen sink - it's not some little plant growing from your windowsill. You could be smoking rat poison." Davis was arrested at Longitude in Marlay Park. News in 90 Seconds - July 26th She added: 'That kind of attitude shows a complete naivety about drugs. Those are the kinds of plants that will ruin your life.' Davis paid €105 in court to cover the cost of cleaning the cell. Judge McNamara convicted Davis and imposed a three-month prison sentence, suspended for 12 months, while she also fined him €200, with four months to pay. She told him he must remain of sober habits and abstain from all illicit or non-prescribed drugs during the suspended period. Funded by the Courts Reporting Scheme.
Sunday World
a day ago
- Sunday World
MMA fighter accused of corruption involving garda bribes is sent for trial
It follows a probe by the anti-corruption unit, and the Director of Public Prosecutions (DPP) had also directed trial on indictment. MMA fighter Charlie Ward has been returned for trial accused of corruption offences involving "confidential" Garda information and helping to pervert the course of justice. The mixed martial artist, 44, of Acragar, Mountmellick and co-accused Noel Carroll, 57, of Ballyfinn Road, Portlaoise, both Co Laois, appeared at Dublin District Court yesterday when the gardaí served them with books of evidence. It follows a probe by the anti-corruption unit, and the Director of Public Prosecutions (DPP) had also directed trial on indictment. Charlie Ward News in 90 Seconds - July 26th Judge Gerard Jones granted an order, sending them forward for trial to the Dublin Circuit Criminal Court, which has wider sentencing powers and where the case will be listed for mention on October 16. The defendants, who have yet to enter a plea, did not address the court and were warned by the judge to notify the prosecution within 14 days if they intend to use an alibi. Gardaí must also furnish the defence with copies of interview videos. Legal aid was granted. Earlier, Detective Sergeant Paul Dowling and Kieran Kilcoyne said the two men "made no reply" when charged. The pair face charges contrary to section 5 of the 2018 Criminal Justice (Corruption Offences) Act about requests for information concerning three men. According to the court documents, on March 2, 2022, at an unknown location in the state, both men corruptly requested a gift, consideration or advantage on account of a named garda requesting that confidential information relating to another person be obtained and disclosed. Mr Ward is accused of the same type of offence on February 28, 2022, about Garda information on a second male. Another charge states that on the previous day, Mr Ward corruptly offered the same officer an inducement for doing an act in relation to his employment as a member of An Garda Síochána. Mr Ward is also accused of an offence under section 7 of the Criminal Law Act 1997. That alleges that between October 15 -17, 2019, when another person committed an arrestable offence, namely, perverting the course of justice, that he "did aid, abet, counsel or procure the commission of this offence". It is alleged that on January 26, 2022, at an unknown location, Mr Carroll corruptly requested a gift consideration or advantage on account of the garda seeking confidential information about a search operation at the home of a third named man.
Sunday World
a day ago
- Sunday World
Man accused of threatening customer with a hammer while working at Aldi
The court heard Aaron Dempsey had been a member of staff when there was a dispute with the alleged victim, A man has been sent for trial accused of brandishing a hammer while working at a supermarket and threatening a customer. Aaron Dempsey (30) is alleged to have produced the hammer during a dispute at an Aldi in north Dublin. He had a book of evidence served on him when he appeared in Dublin District Court. Judge Michèle Finan sent him forward to Dublin Circuit Criminal Court. Mr Dempsey, of Elm Mount Road, Beaumont, is charged with producing an implement capable of causing serious injury in a manner likely to intimidate. The incident is alleged to have happened at Aldi, Santry Avenue, on June 26 last year. A prosecuting solicitor said the DPP was consenting to the accused being returned for trial to the current sittings of the circuit court. He was remanded on continuing bail Judge Finan gave Mr Dempsey the formal notice that he had 14 days to provide any alibi details to the prosecution. She also ordered the State to furnish the defence with the accused's garda interview video. He was remanded on continuing bail to appear in the circuit court later this month. Previously, the court heard Mr Dempsey had been a member of staff when there was a dispute with the alleged victim, during which 'the accused produced a hammer and threatened the customer'. The DPP had consented to the case being heard in the district court, but Judge Finan refused jurisdiction after hearing the outline of the prosecution's case. The charge is under section 11 of the Firearms and Offensive Weapons Act. Aaron Dempsey. Photo: Paddy Cummins News in 90 Seconds - July 26th
