Man told young son he wanted photo of them together as they would never see each other again, court hears

Man accused of twice breaching protection order denied threatening suicide

In evidence, both the father and mother agreed he had held a phone up to his four-year-old child’s face to record the boy being asked if wanted to be with his mother or father. Picture: Dan Linehan

A 48-year-old man on trial for putting his ex-partner in fear told his four-year-old son he wanted to get a photograph of himself with the child because that would be the last time they would ever see each other.

That was the allegation made by the woman, who claimed her ex-partner twice breached a protection order by putting her in fear. She said he threatened he was going to take his own life after taking a photograph of himself with his son.

The man accused of the breaches of the protection order denied threatening suicide or doing what the woman claimed.

However, after hearing an appeal of both convictions, Judge Helen Boyle said at Cork Circuit Appeals Court she was affirming the order of Cork District Court. So the 48-year-old stands convicted on two counts of breaching a protection order. The same penalty was also affirmed. He was put on a probation bond with a order to be of good behaviour for the next two years.

Referring to one instance where the appellant picked up the child from his creche before his collection time in order to bring him home, Judge Boyle said: “I am quite taken aback that someone would take a child from a safe environment of a creche to a full-blown family dispute involving items of clothing being thrown around. 

"I doubt any woman or man would think that was an appropriate thing to do with a four-year-old. It beggars belief really. There does not seem to be any awareness of the problems that would cause to a small child to be brought into the middle of a family dispute.

“The [injured party] is correct — you were doing this to cause distress to her. I don’t have any doubt,” Judge Boyle said.

In other evidence, both the father and mother agreed he had held a phone up to his four-year-old child’s face to record the boy being asked if wanted to be with his mother or father.

The appellant said: “I was gathering evidence.” He also said to the child: “Mummy does not know what she is doing, she is mentally sick.” 

And on the occasion of his suicide threat, he said to the child: “Let’s take a photograph, you won’t see Daddy again in your life”.

He said: “My child was watching TV. The whole purpose was to make sure he wanted to see me or not. I asked him would he like to stay with daddy or not. He is not able to make an independent decision because she [ex-partner] is very coercive.” 

As the injured party was giving evidence in the circuit court, the appellant smiled, laughed and shook his head.

The breaches of the protection order were committed on June 13, 2022, and November 17 of that year.