Tempo man guilty of assaulting wife

A TEMPO man has been found guilty of on one count of assaulting his wife, but has been acquitted of a second similar charge.
Pascal McCaffrey was contested two charges of common assault at Enniskillen Magistrates Court on Wednesday.
The charges related to two separate incidents, one on May 14th last year and another on June 1st last year.
The court heard from a number of witnesses during the short trial, including McCaffrey’s wife who said on May 14th last the family had been preparing for a special occasion when a row broke out over a rowing machine, which had been moved to prepare for the celebrations.
The woman told the court McCaffrey had become angry that the machine had been moved, and he had been verbally abusive to her and another family member.
The woman said he approached her with his fists clenched, though not raised, and she feared he would “become physical” with her. The woman claimed there had been incidents in the past that gave her reason to believe this.
Two other family members who had been present gave evidence that they had witnessed this incident.
The second alleged incident was claimed to have taken place after the couple had been separated for a period but had got back together.
The woman told the court McCaffrey had wanted to discuss a matter regarding child maintenance, but she did not want as she feared they would argue about the matter.
The woman said there had been a tense atmosphere, and they argued. She claimed when she went to bed he came up and got on top of her, holding down her wrists.
The woman, who said she had bruises on her arms afterwards, said she did not know why, but she feared McCaffrey would put his hands on her throat and she was frightened.
McCaffrey’s defence team argued that it had been the woman herself who had been the aggressor in this incident, stating she had been verbally abusive towards the defendant.
After this alleged incident, the woman called her father, who drove for three hours to her home in Fermanagh as she had been upset.
The woman’s father gave evidence to the court that when she had called him she had claimed McCaffrey had threatened to throw her down the stairs, however in her evidence to the court the woman had already stated he had not threatened to do that on this occasion.
As such, the charge of common assault with regard that incident was dismissed.
McCaffrey’s defence put it to the court that the woman had made the allegations against him as she had wanted to move away from Fermanagh with their children, however in her evidence the woman said she had no intention to do so, and it was stated she had not discussed this with a solicitor.
Based on the witness evidence, McCaffrey was convicted in relation to the May 14th incident, and fine £500. The court was willing to grant a restraining order, however the woman had already informed the court that she was not seeking such an order.

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