A father of two, who was observed by gardaí to assault his partner in their house, pleaded not guilty to assaulting her and also denied assaulting a garda who entered the house to deal with the violent situation.
At this week’s sitting of Castlebar District Court it was outlined that on February 3 at 2.30am, Garda John Paul Dunning, Garda John Murphy, and Garda Hugh O’Donnell responded to a call made by Anne Josephine McDonagh about a domestic incident which was taking place at 27 Castlegrove, Castlebar.
When gardaí arrived they heard screaming from inside. They knocked the door, but no one answered. Owen McDonagh, 56 An Sruthán, Castlebar, then appeared at a patio door upstairs, which is visible from the main road. McDonagh shouted abuse at gardaí— “Get a search warrant... I’ll kill her.”
Gardaí could see into the room which led to the patio door and observed Ms McDonagh on the bed screaming for help. The defendant was observed by gardaí to punch her with his fist and to also strike her with a wooden frame — which were the legs of a Moses cot stand.
McDonagh refused to answer the door. Instead he shouted more abuse at gardaí and then retreated to the room where he continued to assault his partner.
Garda Dunning kicked in the front door. Garda Murphy went up the stairs where he was lunged at by McDonagh, who knocked the garda back a couple of stairs. A struggle broke out between McDonagh and the gardaí. Eventually the defendant was restrained and arrested and brought to the Garda station.
Ms McDonagh declined for an ambulance to be called to the scene. Later that night gardaí returned to take a statement and take photos of her injuries — she was observed to have severe bruising and swelling of her arm; scrapes and blood on her face; her hands were swollen and the crown of her head was bleeding. Ms McDonagh was not in court on Wednesday to give evidence.
McDonagh denied the charges in court. He claimed that after a day drinking in Ballinrobe he came home and went to bed in the back of the house, in the same room as his wife and children. He woke up when he heard the gardaí come into the house. “I thought I was being ambushed,” he said. He does not know how his partner sustained her injuries.
The wooden implement which allegedly was used was not produced in court and on that basis Judge Mary Devins dismissed the section 11 charge — the production of an article capable of inflicting serious injury.
Judge Devins said that she would like to consider the two assault charges and remanded McDonagh on continuing bail until November 17.
McDonagh was also before court for the possession of cannabis on March 12, for no tax on a car which he was driving on June 6, and for three public order charges — being threatening and abusive on September 27 on Thomas Street, Castlebar, and for being intoxicated and threatening and abusive on October 6 outside the front of the Courthouse.
Judge Devins also adjourned these matter to November 17.
