‘I truly believed I was going to die’

“When I was strangled that morning, I truly believed I was going to die," a woman told a court, recalling when her former partner assaulted and threatened to kill her.

This was during the sentence hearing of a 38 year old accused from Navan who was in Trim Circuit Court on 27th February charged with assault, criminal damage, and threats to kill.

Garda Stephen Crehan told the court on 25th September 2023 in the early morning Gardaí received a report of violence at the injured party's home. When Gardaí arrived at the scene the injured party was noticeably distressed with redness on her face and bruising on her arms.

The court heard the accused was the injured party's on and off partner at the time and they had four children together. He would come to her home on random days and spend time with their children.

In the lead up to this incident he was sober from alcohol for 18 months but the court heard his mood altered and he wasn’t doing as well.

The court heard the victim's statement said during the night before this incident the accused called to his former partner’s home acting strange. He left and went to a friends house before returning, saying he got tablets. The court heard the woman told him to sleep on the couch and he left the house soon after but the injured party found him lying outside and brought him back inside.

The court heard she went into the room the following morning to wake him up the accused got on top of her and started hitting her. The assault continued until her son came into the room screaming. In her statement read to court she said her hair was pulled all over and her hands were sore.

She was comforting her son when the accused came back calling her names. There was a discussion regarding the accused fathering a child with another woman when he started shouting in her face.

The court heard the accused said “you don’t think I’ll end your life right now” before pinning her to the ground again. The accused started choking her and said “I'm going to finish you, I'm going to kill you right now, I'm going to end you”. The accused broke the sitting room TV during this incident and left the house, saying he’ll come back to get her. Gardaí were contacted by the injured party soon after this.

The court heard on the same date, the accused tried to call the injured party several times. She received a voicemail from who she thought was the accused, saying she should tell Gardai to “f**k off…or ill dissect you”.

He was later arrested and interviewed. He told Gardaí during interview he restrained the injured party in self defence and said he was the one who was assaulted. When the voicemail was put to him he said he didn’t recall it because he was drunk. He was subsequently charged and pleaded guilty in the courts.

The accused has 38 previous convictions, the majority of which for public order offences and two for assault. On the same day of this incident the accused was also charged with threatening, abusive, and insulting behaviour in a public place.

The injured party read her victim impact statement to the court, saying “the trauma has changed who I am”. She suffered from panic attacks and expresses guilt at her two children being witnesses to what happened. The court heard her son still mentions the incident to her and what happened “will be with us forever”.

She told the court “when I was strangled that morning, I truly believed I was going to die”.

Defending barrister Shane Kelly told the court his client's history of substance abuse forms a significant part of his criminal record. The court heard his addiction issues arise from a traumatic childhood experience which the court heard of in other proceedings where another accused was found guilty. Following sentencing in these proceedings he was told by the court to get on with his life and BL Kelly told the court he has done so.

The defending barrister told the court the accused wants the injured party to know he feels deep sorrow and regret for his actions and expresses a “strong and sincere and heartfelt apology”. The defending barrister his client will never pose a threat to the woman and he no longer has access to the children since these events.

Judge John Martin noted how this act was done by a father in his son’s presence within the home and “that is reprehensible conduct in the extreme”.

Judge Martin said he is conscious of the fact that the injured party is now a lone parent rearing four children as a result of his actions and “parenting should be where both parents are available”.

The judge said he is aware of the accused’s traumatic past as he was the trial judge who dealt with the case and sentenced the other man in question. He said he understands why he relies on alcohol but doesn’t understand why he inflicted suffering on his long term partner and the mother of his children.

The judge also said the accused is making efforts to rehabilitate and move on from past trauma but “you can’t take them out on other people”.

The accused was given a four years suspended sentence and is to do 240 hours of community service within two years.

Judge Martin said he is to stay out of the location where the injured party lives unless allowed to do so by her because “(the injured party) doesn’t have to walk around the corner wondering if you are there”.

He is to make no contact with her or her children without consent and stay alcohol free.

- Funded by the Courts Reporting Scheme