Enniskillen Court House, RMGFH04
AN ENNISKILLEN JUDGE has given an impassioned speech at a local court, calling domestic violence a “cancer” on society.
District Judge John Meehan was speaking during a case before Enniskillen Magistrates Court on Monday, where an estranged husband was accused of assaulting his wife and smashing up her property.
Christopher McDonagh (24), was charged with assault causing actual bodily harm and criminal damaged after he was arrested last Sunday, October 30.
The court heard McDonagh’s wife alleged that around 1pm on Sunday the defendant came into the house where she was living in Dungannon, where he grabbed her by the wrists and made her hit herself with her own hands, before destroying a number of valuable items belonging to her, including ornaments and TVs.
She said he then began assaulting her again, punching her several times, leaving her with two black eyes and swelling to her head.
When police arrived at the house they noted a van pulled up with two men in it. One man, who Mrs McDonagh identified as her husband, got out of the van but quickly got back in again and left.
Then, while police were still at the property, McDonagh’s mother came to the house and began arguing with Mrs McDonagh. She was asked to leave, and told the police her son was at an address in Coalisland.
McDonagh’s mother, who was in court for her son’s hearing, is the owner of the property were Mrs McDonagh was staying. In court on Monday, it was stated, though McDonagh’s barrister Stephen Fitzpatrick, that Mrs McDonagh stayed there occasionally but would not be staying there in the near future.
Mr Fitzpatrick applied for bail on McDonagh’s behalf, however police raised objections to bail being granted.
They stated they had concerns he would reoffend, as he had already returned to the scene of the alleged attack and, while he had no previous convictions, had a “previous domestic history.” They added Mrs McDonagh was a high risk victim and had three young children, who were not present during the alleged attack.
Mr Fitzpatrick said strict conditions could be placed on McDonagh if he was released on bail, and social services could monitor contact between McDonagh and his children.
Judge Meehan said there was “no question” of releasing McDonagh on bail, stating the incident was “a classic case of domestic violence”, where McDonagh had returned to the scene and then his mother arrived a short time later and herself “engaged in domestic abuse” of Mrs McDonagh.
Calling it a “cancer” on society, Judge Meehan said there was often great pressure on victims of domestic violence from perpetrators and their families not to pursue cases, with the majority of similar cases before the court being withdrawn. He said it was not credible they were not all genuine cases.
He added this was another case where the victim and their children had to leave their home as a result of the situation, with McDonagh’s mother stating Mrs McDonagh would be staying at her house.
Stating McDonagh was entitled to the presumption of innocence until proven guilty, Judge Meehan said there was strong evidence in the case and denied him bail, stating there were no bail conditions that could stop attempts “to have this case swept away from the justice system.”
The case was adjourned until November 3 at Dungannon Magistrates Court.
To read more.. Subscribe to current edition
Receive quality journalism wherever you are, on any device. Keep up to date from the comfort of your own home with a digital subscription.
Any time | Any place | Anywhere