A Ballybane man who kicked a hole in the front door of his mother’s house and viciously assaulted his sister in a frenzied attack leaving her with a broken nose has been given a 10 month prision sentence with the last five months suspended on condition that he receive treatment for alcohol addiction.
Joseph Maloney (26 ) with an address given as 329 Castlepark, Ballybane, was brought in custody before Galway District Court last Monday where he pleaded guilty to assaulting Nikola Maloney causing her harm at the same address on February 28, 2010.
Garda Brendan Dooher gave evidence that Miss Maloney phoned the communications room at the Garda station at 6.30am reporting that her brother had been kicking in the front door and was attacking her. When gardai arrived at the scene they observed the defendant standing in the front garden and that extensive damage had been caused to the front door. “There was a hole in the door,” said Garda Dooher who added that gardai then tried to phone the complainant but discovered that she had escaped and run to another house. Garda Dooher said the defendant had punched Miss Maloney a number of times in the nose and face resulting in a suspected broken nose. The defendant was then arrested at 6.40am.
The court further heard that the injured party had returned to the house after visiting a friend. The defendant, accompanied by two other males, came to the house and banged on the front door demanding to be let in. Maloney left but later returned by himself and kicked in the door, managing to get his body “half-way in”.
Inspector Mick Coppinger further explained that Maloney got his head and shoulder through the door while his sister was attempting to stop him. Miss Maloney then opened a window in order to escape the house but the defendant jumped through it and attacked her. When the injured party tried to escape through the back of the house the defendant threw her on the ground and proceeded to kick and punch her. Miss Maloney, who had lost her shoes in the attack, managed to make her way bare-foot to a friend’s house. Inspector Coppinger then noted that the photos showing the injuries sustained were taken by a garda two days after the incident.
When arrested an intoxicated Maloney was very un-cooperative and became aggitated and agressive to gardai. While being interviewed by gardai Maloney said that “whoever writes a statement against me will retract it” and that “it will never go to court”.
Defence solicitor Olivia Traynor said that her client had been drinking alcohol and that his demeanour is completely different when sober.
Referring to the photos Judge Mary Fahy noted that the injured party received a broken nose, two black eyes, and bruising to the neck, arms, and knees. When asked about her injuries Miss Maloney told Judge Fahy that she will still have to undergo plastic surgery to re-set and straighten her nose. She also said that she was afraid of her brother.
“If I ever meet him out I would be afraid of my life,” she said.
Ms Traynor then said that her client apologises to the injured party. She said that Maloney, who has no previous convictions, has been in custody since March 1 and that this has had an effect on him. “It has caused distress for the whole family,” she added.
“She has to deal with the fact that she was assaulted, that it has resulted in a medical condition, and that it was her brother who did it,” replied Judge Fahy who then asked the injured party what her attitude was regarding sentencing.
Miss Maloney replied: “I feel bad for him, he will have to do some amount of time. He needs to learn the consequences of his actions but not that long. I will be happy with whatever decision you make.”
Judge Fahy said that “in view of his sister’s Christian attitude” she was going to give the defendant a chance to get treatment. She imposed a 10 month sentence, back dated to March 1, and suspended the final five months on condition that he attend alcohol addiction counselling immediately when a programme becomes available. Judge Fahy also ordered Maloney to only have contact with the injured party with her consent and to be of good behaviour upon his release.
