Cork man convicted of putting ex in fear when she rang him about maintenance payments

The injured party said: "This is going on for two years and I am fearful all the time."

Judge Olann Kelleher convicted him but said he would put sentencing back for three months to see how he would behave in the meantime. File photo

A middle-aged woman claimed that her ex-husband threatened to kick her to death or get others to do it and that she was in fear of him.

The woman said that her ex-husband also threatened to tell people that she was “up and down with other women’s husbands” and that this upset her greatly. She said that her ex-partner – more than anyone – knew that this was untrue and that such a thing would upset her. 

She added: “He knew what buttons to push. 

“I have dash-cams in my car and I have security cameras in my house and you are asking am I afraid of him,” she said when cross-examined by defence solicitor, Frank Buttimer, at an in camera hearing in Cork District Court.

The accused man, who is in his fifties, denied a charge of breaching a barring order by putting her in fear in the course of a phone call.

Judge Olann Kelleher convicted him but said he would put sentencing back for three months to see how he would behave in the meantime.

The injured party said: “All I wanted was peace and I am still not getting peace. I am watching my back the whole time. This is going on for two years and I am fearful all the time.” 

Defence solicitor, Frank Buttimer, said the only matter before the court was the alleged breach of the barring order on September 23, 2019.

Even though the only matter before the court was the call on that date, the complainant described other alleged incidents said:

I have been spat at, I have been kicked up my steps, I have been kicked down my steps.

Mr Buttimer asked her why – if she was in such fear – she was the one who rang him on that day. She said it was to ask him about maintenance payments in respect of their children.

Judge Kelleher said: “If she has an order for maintenance and she was short of money, any woman in Ireland would take a chance and ring for maintenance.” 

The defendant said there was no maintenance due when she rang and he added: “I said, ‘While you are on, what about my mam’s money’." There was a dispute about money which the defendant’s ex-wife said she had already paid.

The defendant claimed his ex-wife’s claims were false and he said: “I never said anything of the sort.” 

When Sergeant Gearóid Davis asked the defendant, “How would you describe the relationship?” he replied: “I don’t bother with her, guard.” 

He said: “She has no reason to be in fear of me. That girl (his ex-wife) passes me every day in her car. It don’t look to me that she is in fear. She ain’t in fear of me and that is a fact.”