The case of a man who threw his then girlfriend on to a bed, fracturing her spine, before humiliating her by sitting with his genitals in her face was described as “sickening” by a District Court judge this week.
Judge Mary Fahy made the comments at Galway District Court on Monday during a hearing in which Lukasz Szutowski (27 ) with an address at 10 Durabaun, Roscam, denied assaulting the woman causing her harm at a previous address at Ocean Drive, Oranmore, on September 26, 2010.
The injured party told the court, under oath, that the couple had left a wedding reception, got a taxi to her house to collect things, and then drove her car to the defendant’s home. The couple had been in the upstairs bedroom when there was “some misunderstanding” and shouting. She said that Szutowski took her car keys and phone, would not let her leave, and would not let her ring her brother. The injured party further explained that she had been trying to leave when Szutowski grabbed her by the waist, threw her on the bed, and she felt a sharp pain in her back after hitting the frame.
“He threw me on the bed like you would throw a bag,” she said before adding that Szutowski sat on her with his genitals in her face. When she asked Szutowski was he going to rape her, he suddenly got up, pushed her out the door and down the stairs. She then retrieved the car keys and climbed out a downstairs window. Treatment was later sought at hospital where an MRI and other tests were carried out and it was discovered that the injured party had a fractured back. A spinal brace was fitted which was worn 24 hours a day seven days a week and she had been out of work for three and half months.
Defence solicitor Valerie Corcoran put it to the injured party that she had been extremely drunk, that the taxi brought them to her house but then continued to the defendant’s home, and that Szutowski had taken the keys because “under no circumstances would he let you behind the wheel of a car in that state”. She further stated that Szutowski had gone down the stairs first, that he never pushed her, and that he wanted her to leave by the back door but she refused, instead choosing to climb out the window.
“Your recollection is not accurate, you were very drunk, you got a taxi home, you were amorous and wanted to initiate something. My client was too tired, you got abusive, upset, excited and got out of control. He got the phone and keys and rang your brother about six times, he got through and asked him to come and collect you. You started lunging at him, hitting at him, he pushed you gently on the mattress to defend himself,” said Ms Corcoran.
“He lifted me in the air and threw me on the bed... He sat with no trousers on my face. He was trying to humiliate me,” said the injured party to which Ms Corcoran replied: “He never did such a thing, he did not want you to drive home, he was trying to calm you down and when you said, ‘Are you trying to rape me?’ you smiled and it was at this point he told you to leave”.
Szutowski then told the court he had only taken off a jacket, that he did not take off the rest of his clothes and that his ex had been pushed back on the mattress and did not hit a timber frame. “She questioned you in relation to your manliness... You took off your pants, and sat on her to humiliate her,” said Inspector Mick Coppinger to which Szutowski replied: “Yes, I sat on her, I was trying to calm her down, there was no possibility of hurting her”.
“There are difficulties in the case. This lady had a lot of drink taken, but she is honest about that. He said he was sober, he pushed her and sat on her, he did it to humiliate her and that is the sickening part of the case,” said Judge Fahy.
Taking into account the fact that the defendant has no previous convictions Judge Fahy then imposed a fine of €750 with three months to pay. Leave to appeal was granted.
