‘It was my fault, I provoked him’ wife says of alleged assault
Judge Geraldine Carthy
A MAN charged with assaulting and strangling his wife has been remanded in custody after a judge rejected the injured party’s claims that the incident was a “misunderstanding” and that she had provoked the attack.
The hearing at Carlow District Court last week heard that the state objected to bail under ‘O’Callaghan Rules’, with gardaí expressing concern that the accused would return to the family home and potentially reoffend.
The defendant, who is from Co Kilkenny and who was present in court, is charged with assault causing harm under the , as well as a separate charge relating to non-fatal strangulation.
The court heard that the alleged assault occurred in the kitchen of the couple’s home, where the accused is alleged to have grabbed his wife’s hair, punched her six times in the head and ear and put his hands on her neck, applying pressure.
A garda outlined that the state was objecting to bail because the accused “continues to reside at the home of the injured party and may reoffend if released on bail”.
“I believe he will return to the address and interfere with the injured party,” the garda said, adding that there were 11 previous warrants for the man’s arrest, the latest dating to 2021.
The accused has 85 previous convictions, 28 of which were for offences committed while on bail. While none of the bail offences were for assault, there was one previous assault conviction from 2013.
“He may commit further assault … the injured party is vulnerable in this regard,” the garda stated.
Defence solicitor Joe Farrell established that an alternative address with family members was available “quite a distance” from the marital home. However, Judge Geraldine Carthy stated: “I am not satisfied with the alternative address.”
The garda described observing injuries on the alleged victim, including “bruising to her forehead, the top of her head, along her neck and on her right ear”.
In a dramatic turn, the injured party took the stand and told the court: “I have no objections to (my husband) getting bail. It was a misunderstanding between me and him. This has never happened before; he’s a great husband, great to the kids. We have kids with special needs and he’s great with them.”
When asked if she had sustained injuries, she replied: “No, I’m fine. It was just a scratch – that was my fault, I provoked him. He is the only person who has been by my side. I had alcohol on the day.
“I swear an oath on this bible that nothing like this has ever happened before,” she said, leaning forward to put her hand on the court bible.
A sergeant responded: “I am sorry you find yourself in this position”, before asking who had called gardaí on the day in question.
“I did because I was angry,” the woman replied. “I apologise to the gardaí. It was a mistake. I shouldn’t have wasted your time.”
The sergeant continued: “From the picture, I can see a lot of heavy bruising around your neck.”
He added that gardaí had been called to the address on several previous occasions, underlining that there was “independent evidence to show the injuries were sustained” despite the injured party’s claims.
Judge Carthy observed that the injured party was “blaming herself, wishing to withdraw the complaint”.
“I don’t believe it. He must be remanded in custody, particularly when I am told there is an offence of strangulation going forward to the DPP,” the judge ruled.
The case will continue next month.
