Clare man charged with coercive control and sexual assault of ex-wife

Coercive control charge is the first of its kind to come before the criminal courts in Clare

It is the first such coercive control charge under the Domestic Violence Act to come before the criminal courts in Clare.

A 47-year-old Co Clare man has been returned for trial concerning the alleged sexual assault and false imprisonment of his ex-wife.

At Ennis District Court, Judge Mary Larkin sent forward the man for trial to the next sitting of Ennis Circuit Court.

As part of the prosecution involving 22 separate charges, the man is also facing a charge of coercive control against the woman.

It is the first such coercive control charge under the Domestic Violence Act to come before the criminal courts in Clare, where the man is accused of knowingly and persistently engaging in behaviour that was controlling or coercive and which had a serious effect on the woman who was or is his spouse between January 1, 2019, and May 15, 2019.

In total, the man is to face 12 counts of sexual assault, six counts of false imprisonment, two counts of assault causing harm against the woman, one count of criminal damage, and the coercive control charge.

Solicitor for the accused, John Casey, asked that the legal aid certificate be extended to cover a senior counsel along with a junior counsel in the circuit court.

Mr Casey said that he was making the application due to the seriousness of the charges facing his client.

Judge Larkin granted the request. 

Earlier, Garda Amy O’Connor gave evidence of serving the book of evidence in the case on the solicitor for the accused.

Warning over alibi

Judge Larkin issued an alibi warning to the accused to say if an alibi formed any part of his defence, he needed to provide it to the State within 14 days.

In the case against the accused, the first sexual assault against the woman is alleged to have occurred on October 15, 2018, with the final sex assault charge alleged in February 2020. The alleged sexual assaults took place at two separate addresses.

Legal aid has been granted for the man and gardai have not opposed conditional bail.

As part of bail conditions, Judge Larkin has previously directed that the man surrender his passport, and have no contact with any witnesses or the alleged injured party other than for the purpose of arranging access to a child.

Judge Larkin imposed reporting restrictions on the identity of the accused and alleged injured party due to the nature of the case.