Daughters of man killed by abusive partner want 'outdated' laws changed

James Ryan's daughter, Karen Ryan, said because Olesja Hertova pleaded guilty, the history of her abusive behaviour was not admissible in court

(Left to right) Karen, Ellie, and Lynn Ryan, daughters of the late James Ryan. 'Our father’s suffering was silenced. And even in death, his truth was not allowed to be heard.' Photo: Moya Nolan

The daughter of a man who died after years of abuse by his partner is calling for a change in "outdated" laws which appear to favour the abuser. 

James Shey Ryan died in August last year after being knocked to the ground by his now jailed partner of 17 years Olesja Hertova.  

CCTV footage shown to the court during Hertova's sentencing for manslaughter saw her running at Mr Ryan outside their home in Balbriggan, North Dublin, and knocking him to the ground on August 11, 2024. He sustained serious head injuries and was placed on life support which was switched off the next day at Beaumont hospital.

Hertova pleaded guilty to manslaughter two weeks before she was to go on trial and was sentenced to two years and nine months in jail. She was described by Judge Martin Nolan as at low risk of re-offending.

James Ryan's daughter, Karen Ryan, said because Hertova pleaded guilty, the history of her abusive behaviour was not admissible in court. 

In the years before his death, gardaí were called to the couple's family home a number of times, according to Ms Ryan, as Hertova's behaviour became increasingly erratic. Her father applied for safety orders from the courts to protect himself and the couple's daughter Ellie, but never followed them through — “like most victims of domestic violence,” she said.

These garda call-outs, the safety orders Mr Ryan had applied for, 48 witness testimonies that Ms Hertova had been abusing Mr Ryan for years and the nights her father and Ellie had to sleep on park benches because of the abuse, could not be put before the court. 

Olesja Hertova (pictured) pleaded guilty to manslaughter two weeks before she was to go on trial and was sentenced to two years and nine months in jail. File photo

“Because of outdated Irish laws, none of this was admissible,” said Ms Ryan. "The pattern of abuse was ignored. Our father’s suffering was silenced. And even in death, his truth was not allowed to be heard."

Ms Ryan and her family are now calling for a change in the law and have written to the Director of Prosecutions (DPP) as part of their campaign. 

Ms Ryan said: 

If a defence can raise good character in mitigation, then surely a judge can ask, was there a history of domestic violence disturbances at this home?

“Allowing good character references after guilt has been established does not reflect fairness or compassion,” she said.

“It diminishes the gravity of these crimes and undermines public confidence in our justice system. It tells victims and their families that their experiences matter less than the reputation of those who harmed them. This has to change."

Karen Ryan described her dad as “a very proud Irishman — a father, a brother, an uncle, a friend, a neighbour, a soldier, and a gentleman.

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“He served his country with honour in the Defence Forces, until retiring due to injury," she said. "Throughout his life, he was known for his kindness, his sense of humour, his dedication to his family, and willingness to help anyone in need.

"If we are truly committed to protecting victims’ rights in Ireland, then reform must address this imbalance. Victims and their families deserve better,” she said.