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.
Funded by the Courts Reporting Scheme
Tallaght district court.
Today's News in 90 Seconds - July 16th
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