Man who broke safety order by posting video of ex wife with ‘abusive' music online gets jail sentence suspended on appeal
He had pleaded guilty in the District Court to breaching a safety order contrary to section 33(1) of the Domestic Violence Act 2018 on June 13, 2024 but lodged an appeal against his sentence.
Garda Noel McBrearty told the District Court Appeals Court that gardaí received a report from the injured party that her former husband had breached a safety order.
He said that gardaí were made aware of a video posted to the man's Facebook page, which featured rap music playing over four images on a continuous loop.
Garda McBrearty said that the first image was of the injured party wearing a swimsuit on a beach, the second image featured the woman's new partner, the third showed a vehicle the woman had previously owned and the fourth was another picture of the woman.
He said the injured party told him that the rap music had lyrics which were 'abusive in nature'.
Garda McBrearty said that all of the images had digitally distorted facial features but the injured party was able to identify herself in the pictures.
Defence counsel for the man, Chloe Geraghty BL, said that her client recognised the 'stupidity' in posting the video on a public platform, although the woman was blocked from his page at the time.
She said that the man had a very difficult time accepting the relationship was over but has now moved on.
Judge Christopher Callan told the defendant that he breached the safety order less than a month after it was issued, adding that he was not sure the man understood what he was obliged to do under the order.
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The appellant told the judge that he now understands and apologised for his actions, adding that he will not do it again.
Judge Callan told the man that he was 'running out of road rapidly' but decided to suspend the sentence of four months for the period of 12 months on the condition that he keeps the peace and abides with the directions of the safety order to not to contact the injured party by any means.
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