Woman's ex-partner 'was going to rape or kill her' after tying her hands with cable ties, court told

The court was told that the woman recalls not struggling because she did not want to wake her child

Judge Gabbett remanded the man in custody to Ennis District Court to September 13.

A Co Clare woman was terrified that her ex-partner was going to kill or rape her at her home after he tied her hands with cable ties behind her back, a court has heard.

At Ennis District Court, the 48-year-old man appeared charged with the false imprisonment of his ex-partner at her remote home in west Clare late on Tuesday night contrary to Section 15 of Non Fatal Offences Against the Person Act. 

The couple’s five-year-old child was upstairs asleep in bed during the course of what Sgt Louis Moloney said in court was a "horrifying ordeal” for the mother. Sgt Moloney told the court that the man is facing a serious charge and more charges are anticipated.

Giving evidence of arrest, charge and caution, Garda Alison White said that after the accused was cautioned, he said: “I have already replied really haven't I?” Judge Alec Gabbett rejected the man’s application for bail and remanded him in custody after gardaí successfully opposed bail.

Opposing bail on behalf of the State, Garda White outlined details of the allegations against the accused and the background to the case. Garda White said that the alleged injured party and the accused had been in a relationship for a number of years and broke up earlier this year.

Case outline

Garda White said that the two had been living apart but in recent weeks and months their relationship had improved and the accused had been staying over at the house, sleeping on the couch, while visiting their five-year-old.

The garda said on Tuesday night, the two had dinner together but the alleged injured party rejected the accused man’s advances when he tried to kiss her.

Garda White alleged that as the alleged injured party later left the room and climbed the stairs, she was assaulted by the accused who pulled her back down the stairs and he punched her in the back of the head twice.

The officer said that the accused then pushed her into a downstairs bedroom and pushed her face-down onto a bed where he restricted her hands with cable ties and tied them behind her back. Garda White said that the woman recalls not struggling because she did not want to wake her child.

Garda White said that the woman was “terrified” that her ex-partner “was going to rape her or kill her”. Garda White said that it will be alleged that the accused locked the door and sat on the woman’s back.

The garda said that the woman “remained calm, discussing their relationship and child and telling him what he wanted to hear so that he would free her”. Garda White said that the woman told her ex that the cable ties were hurting but he refused to take them off.

Garda White said that eventually the man freed her after around half an hour and she was released from the room on the pretense of checking on their child. Garda White said that when the man fell asleep, the woman texted a friend who notified Gardaí.

Garda White said that the accused was interviewed twice while in Garda custody and was co-operative. She said that the accused suffers from mental health issues, has psychotic episodes and is on a large amount of medication.

Bail ruling

The officer said that Gardaí fear that if the accused is granted bail, he will continue to pursue the alleged injured party and put her in further fear.

Solicitor for the accused, Shiofra Hassett, said that her client is willing to abide by any condition and has an address in Tipperary provided by a family relative while on bail. 

Judge Gabbett said even if the man is living two hours from west Clare, he had concerns for the alleged injured party if bail is granted. The judge said that she lives in a remote location “and if you hollered for three weeks, no one would hear you. That is a concern for me”.

Judge Gabbett remanded the man in custody to Ennis District Court to September 13.