A woman who retracted a statement of complaint against her husband after he allegedly hit her, bit her and threatened to kill her in breach of a two-year-old safety order, was heavily criticised in the District Court this week (November 25 ).
The defendant, who had pleaded not guilty, had his charge dismissed.
“By what authority do you come to court and drop the charges?” asked Judge John Neilan of the alleged victim.
“They [the charges] are brought by the Director of Public Prosecutions (DPP ) on behalf of the State.
“As a result of your signed complaint, the Director of Public Prosecutions deemed it appropriate to bring this charge against [the named defendant].”
The charge alleged that on November 12, at an address in Athlone, the defendant contravened a safety order handed down in Ballinasloe District Court on July 14, 2007 by assaulting and threatening his wife.
The judge asked the woman if f she still wished to drop the charge and when she said she did, the judge replied: “Sorry madam, but that is not in your gift”.
He pointed out that by pressing this issue, she herself could be found in contempt of court if she refused to answer any questions in cross-examination after gardai confirm her statement.
“That order is there for your protection,” he pointed out.
“It’s a matter of choice for you. I don’t know what happened between you since that date [November 12].
“One of the problems here is if [the named defendent] puts your life on the line again, will you have the courage to go to the Gardai and make a further complaint?
“A safety order is not like a nurse or nanny, just there for when you need it.
“The concern of this court, whether you like it or not, is for your wellbeing, and not you at the bottom of a stairs with a chair broken over you or cornered in a kitchen facing a knife.
“May I suggest, if you have any respect for yourself, or if there are any children involved, you shouldn’t be ashamed to go back to Gardai.
“I don’t know what holidays, cars or Christmas gifts he promised.”
The defendant’s solicitor, Mr Padraig Quinn, protested his client’s presumption of innocence.
“A court cannot remove anyone’s presumption of innocence,” said Judge Neilan before dismissing the charge against Mr Quinn’s client.
