A 38-year-old Ederney man who attacked his wife and two-year-old child at their home has been handed a suspended jail sentence.
Antanas Pailauskas, from Carn, Ederney pleaded guilty to two counts of common assault when he appeared before Enniskillen Magistrates Court.
He was handed a four month prison sentence, suspended for two years, was ordered to pay £200 compensation to each of his victims and was issued with a restraining order which prohibits the defendant from contacting his wife.
A prosecutor explained to the court that on February 15, police recorded a 999 call to the injured party’s address in Ballinamallard.
A female called to report an incident without giving her details, however police went to her home.
She said Pailauskas had assaulted her and her two-year-old son which caused an injury to the child’s forehead.
She told officers that her husband had been drinking and assaulted the toddler on the head which caused him to fall back on to the coffee table. She was also assaulted.
He was arrested and taken to Enniskillen Police Station where he was questioned regarding the offences.
He denied all the allegations and denied assaulting her, however he did say the pair had an argument over a matter.
A very short reference was handed in to court from the defendant’s employer.
A defence solicitor told the court that the accused made full admissions to the incident. He said: “Two common assaults are completely accepted.
“There are aggravations because it was a domestic incident. “It is the second time he comes before court with a domestic violence matter.
“He knows his behaviour was wrong and inappropriate. He has saved his family from coming to court by pleading guilty.”
When asked what type of injuries his wife sustained, the solicitor replied: “She suffered slight bruising.
“Since 2005 he has been employed in the community and has provided for his family and two young children.”
District Deputy Judge Liam McStay highlighted the defendant’s previous denial of the charges and that he would lose credit for the late plea.
“It has been said you have been accepting of the matters of the case,” he continued.
“But you have had trouble facing up to these matters in the report. He says on one hand he had no difficulty with alcohol, but on the other hand he says the only explanation for these offences is caused by drinking.
“He needs to understand that if he repeatedly comes before court on a violence matter as a result of drink, then he has a problem and he needs to address this.
“This offence is particularly serious – it’s a domestic incident in which his child did not just witness it but was a direct victim.
“It has reached a custodial level. I recognise the record is limited to some degree and that he did plead guilty.
“The only consideration I have are an immediate prison sentence or a suspended prison sentence.
“I’m inclined towards the former but I will give him a suspended sentence because he has got employment and he did plead guilty.”
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