Man in the Midlands jailed for breaching safety order after wife found used condom

A judge said a man who breached a safety order shortly after his wife discovered a used condom in their car was the prosecution's “best witness”. 

The man (49), who cannot be named for legal reasons, was accused of putting his wife in fear at their home in Laois. 

Garda Milincic said she was called to a house in Laois over a domestic incident on March 19 last. 

She said a woman had returned home from visiting her ill father in her native country and her husband was not home. She decided to bring her children for food and they went to the car. 

“She found a used condom and residue of suspected cannabis in the car and tissues as well,” said Garda Milincic. She said her husband was the only person with access to the car. 

Later that night she was putting a child to bed upstairs and heard her husband arrive home and asked her children about the car keys. She went downstairs and told him he wasn’t  getting the car keys, Garda Milincic explained. 

She said the man left the house but returned later and she “heard stamping up the stairs” before he came into the room and switched on a light with such force that the switch broke. He then “started shouting at her” and she was “terrified”. 

Anne Doyle BL said “ the alleged injured party made no allegation of violence.” 

The woman then gave evidence of the night in question. She said she had to open all of the windows in the car to get rid of the smell. She recalled seeing the used condom which she said was a terrible experience for her. 

She recalled her husband returning and smashing the light switch. “He was really furious in his face,” she said. She said her heart was tight in her chest. She explained that she had a safety order. 

Ms Doyle asked the woman about the smell of marijuana in the car and the condom and tissue. 

The woman said she had been “disappointed that he doesn’t respect me and my children.” 

She said the man had told her that he brought other women home and slept with them in their bed.

Ms Doyle asked who owned the car and who it was registered to. 

The woman said they paid “half and half” for the car and it was registered in her name. 

Ms Doyle said she would have serious concerns about the evidence. She said the threshold of proof had not been met. She said there was a dispute as the woman was angry about what she had found. 

“I am satisfied that there is a prima facia case,” said Judge Andrew Cody. 

The man then gave evidence in relation to the incident. He denied ever having gone up the stairs on the night in question. He said he arrived home to find gardaí in the house and he denied breaking the light switch. “She wants to put me in trouble,” he said. 

“I did not shout at anybody,” the man insisted. 

“I am not a bad man officer. I am a good man. I am a good daddy,” he said. 

Ms Doyle said the woman had been upset by the smell of marijuana and then she found the condom. 

“My client is not on trial for adultery,” Ms Doyle pointed out. 

Sgt Kirby said “certainly not” but he pointed out that “he is on trial for putting the lady in fear.” 

He said the woman’s evidence appeared “very truthful.”

“I would have grave concerns if the definition of putting someone in fear amounted to turning on the lights and asking for keys,” said Ms Doyle.

Judge Cody said the “couple were living in a pressure cooker” environment and in ordinary circumstances should be separated. 

“Maybe that is a reflection of our rental market and our housing market,” he remarked. 

He said on hearing evidence of both parties he  believed the woman was truthful. He said she was “entitled to feel disgusted” by the man’s behaviour. 

Judge Cody said he had been observing both parties in court. 

“He was sniggering, shaking his head, pointing his finger,” he said. 

“He was the best witness for the prosecution given his demeanour,” said Judge Cody as he found the man guilty.

Sgt Kirby said the defendant had one previous conviction for breaching a safety order and was serving a four month suspended sentence. 

Ms Doyle said her client had a good work history but wasn’t currently employed. She said he had suffered a back injury and was looking for work. She said the man had not caused any physical harm to the woman. 

In her victim impact statement, the woman said “I just feel worthless. I feel not respected.” She said the incident had affected her mentally and said one of her children had an “emotional outbreak in school” because he was overwhelmed at what had happened at home.

Judge Cody noted it was a second breach of a safety order. “Clearly he has no respect for his wife,” he remarked. 

The judge sentenced him to three months in prison and fixed recognisance in case of appeal. 

He sent the defendant forward to a sitting of Portlaoise District Court on April 10 for a decision on the suspended sentence.