Waterford judge says number of meet-ups does not matter in safety order breach
Waterford Courthouse
A judge has told the solicitor of a man who breached a safety order granted to his ex-partner that “it doesn’t matter if they met up every day for tea”.
The man who cannot be named for legal reasons had been removed from his ex-partner's home on a date in December 2024 by gardaí who said he had become aggressive.
Garda Damien Keating told Waterford District Court that on the day of the incident, they were called to the injured party’s home and were aware of a safety order in place.
He said he spoke to both the defendant and the injured party separately, and the defendant told him he was waiting for a taxi.
The injured party said no taxi was coming.
Garda Keating said the injured party told him she was frightened and the defendant had been aggressive in his presence, necessitating the use of force when arresting him.
“It was heated in the hall, and it was down to alcohol,” said Garda Keating.
The injured party told the court that they had both been drinking when he had begun screaming, shouting and threatening her, and she had to call the gardaí.
She said she had asked him to leave, but he had refused, and this usually happened when the defendant drank.
When it was put to her by the solicitor for the defendant, Ken Cunningham, that she had made contact with his client, the injured party replied that she was in a “cycle of abuse”.
She questioned whether being in contact with him gave him the right to hurt her.
The number of meetings and messages continued to be put to the injured party until Judge Kevin Staunton said: “It doesn’t matter if they met up for tea every day, only what happened on that day.”
The judge also admonished the defendant for laughing, telling him it was not funny.
The defendant said he did not find it funny to see the injured party upset.
The defendant told the court that they had both been drinking from early in the day.
He confirmed to the court that he brought the alcohol as well as benzodiazepine tablets.
He and the injured party had a row over “something stupid, nonsensical stuff,” and she had asked him to leave.
He began packing his stuff of which he had quite a bit of, as they had lived together.
He said he was waiting for the taxi when the gardaí arrived.
The defendant said he was in contact with the injured party, although their relationship was not great, he wished her well.
He said she does not have a good support system and he was concerned for her wellbeing.
But he was attending counselling to better understand healthy relationships and was seeking employment.
He confirmed for Inspector Niall Daly that it was not a good idea to go to her home with alcohol, knowing that there was a safety order in place.
But he said he was concerned for her and denied becoming aggressive.
Judge Kevin Staunton said it was clear to him that both parties had issues with alcohol and other substances, but he wished them both well.
He accepted that they were both “out of their minds”, but there was a safety order in place, and he accepted the injured party’s evidence that the order had been breached.
Judge Staunton put the matter back 12 months and said that if there were no further incidents, he would strike out the matter.
