Clare man who broke nose of pregnant partner jailed for assault

[Ennis courthouse.

A 35-year-old Co Clare man broke the nose of his then eight-month pregnant partner when hitting her, a court has heard.

At Ennis District Court, the woman recounted how her now ex-partner “broke my nose when I was eight months pregnant” with the couple's baby.

The woman was giving evidence in a case concerning a separate assault on February 11, 2019 on her where Judge Mary Larkin imposed a three-month jail term on the man for the assault.

On February 11, 2019, the man stuck two of his fingers into the mouth of the woman and banged her head off a wall while she had their 15-month baby girl in her arms at her home.

Asked what injuries she suffered as a result of the assault, the woman told the court: "I had a sore jaw and the inside of my mouth was torn.”

She did not seek medical assistance.

The estranged couple have three children together and solicitor for the accused, Patrick Moylan put it to the mother:

“You had a young child in your arms at the time of the alleged assault and my client says that he would not dare do anything with his young child in your arms.”

In response, the woman stated that her ex-partner “has no problem hitting me when I am carrying a child or when I have a child in my arms. He doesn’t care”.

Judge Larkin told Mr Moylan that he put it to the woman that her ex-partner wouldn’t assault her while she has a baby in her arms “and she has refuted what you put to her”.

The woman told the court: “I am here because my children have been through enough and I have been through enough over him hitting me, damaging my car, damaging my house.”

The woman stated that she broke up with her partner due to his drug problems and confirmed that she has obtained a Barring Order against him.

The woman stated that no independent witnesses provided any statement to gardaí because “people are in fear of him”.

As part of the State case, Garda Alan Ryan of Ennis Garda Station told the court that the complainant in the case turned up at the station on February 11 2019 “in a distressed state and had three young children and made an allegation of assault against her ex-partner”.

The woman made a statement the following day and Garda Ryan confirmed that two witnesses declined to make a statement.

Garda Ryan stated that he put the assault allegation to the accused on March 11, 2019 and he made “a very definite no” to the assault after caution.

The court heard that the accused has 53 previous convictions.

In evidence, the accused denied the assault on February 11 and stated that what happened was that when he arrived at his ex-partner’s home in a car, “she caught her leg in the car door and she fell back against the wall with a child in her arms”.

Speaking through a face mask in the witness box, the man denied putting his fingers into his ex-partner’s mouth.

Judge Larkin stated that she did not find the man’s evidence “credible”.

Mr Moylan stated that the two were in a stormy relationship for a significant period of time and that his client “has a great love for his children”.

Judge Larkin backdated the three-month jail term to February 25 when the man was first remanded in custody.