Offaly man jailed for 'brutal' assault of his partner

AN Offaly man has been jailed for three-and-a-half years for what a judge said was brutal abuse of his partner.

Tullamore Circuit Court heard that Ernest Dunican (38), Mooney Terrace, Kilcormac, had previously pleaded guilty to assaulting Michelle Galvin at her residence in St Cormac's Park, Kilcormac on February 21, 2019 but that plea had only been entered after a jury was selected for a trial.

At the same time, Mr Dunican pleaded guilty to possession of a knife at the same address, where he lived with Ms Galvin, on March 8, 2019.

Sentencing Mr Dunican on Tuesday (December 6), Judge Keenan Johnson outlined that the first offence involved the victim being struck with a knuckleduster, resulting in Ms Galvin's head being split open.

She was pumping blood and he manhandled her, stripped her and put her into a shower with hot water.

Judge Johnson said he refused to let her go to a doctor and by the time she did go to hospital the head wound was infected and she had to be detained overnight.

He said it was a very serious assault which resulted in a very serious injury and she was still traumatised by the injury.

Further to that in March the accused produced a knife and threatened to kill Ms Galvin. He stabbed the floor and a coffee table.

The following August when Mr Dunican was again drinking, he dragged the woman from bed and beat her and she had to take refuge in a bathrooom.

The judge said she rang the gardai after that and reports were made.

“This was a disgusting and brutal saga of domestic abuse and I have huge sympathy for Ms Galvin,” said Judge Johnson.

“It was an appalling state of affairs that she had to endure that.”

He said she is to be commended for bravery in making the report to the gardai and taking back control of her life.

Referring to Ms Galvin's victim impact statement, where she had outlined how she considered killing herself because of the abuse and the shame she felt, and how she had become estranged from her family and lost her house, Judge Johnson said the statement was powerful in how it set out the negative consequences of domestic abuse.

He said Ms Galvin felt completely in the control of the accused and he was extremely aggressive when he had drink taken.

She had to move out of her house and live in a different area and that resulted in financial loss to her.

In her victim impact statement Ms Galvin said she had to leave her home because she was terrified of Mr Dunican and rented in Tullamore instead. The bank then repossessed her own house and she was left with a €50,000 debt.

She had a seven-inch scar on her head and was conscious of where her hair was thin as a result of the wound.

“I consider myself lucky to have made it out alive,” the woman's statement said.

The court heard she had been in a relationship with Mr Dunican for seven years and she finally reported him when she went to a garda station with a friend.

Judge Johnson said the court would have to send out a clear message that the type of behaviour exhibited by Mr Dunican would not be tolerated in a civilised society.

“I thought the days of women being abused by men in such a fashion were behind us,” said the judge. “But regrettably that isn't the position.”

He said the violence had a profound negative effect on Ms Galvin whose life had been put on hold.

The accused had a previous conviction for assaulting Ms Galvin and had been sentenced. A probation report brought before the sentencing hearing indicated he had no remorse for his latest offences.

Judge Johnson said a letter of apology written by Mr Dunican was “self serving” because the probation report showed he had no understanding of the impact of his offences.

In spite of his plea of guilty he insisted the offences never occurred, even though the physical evidence existed and there were also texts sent by Ms Galvin to her friend.

The court also heard Mr Dunican, a father of four, including a six-month old baby with a new partner, accepted he was going to get a custodial sentence. He had no children with Ms Galvin.

Judge Johnson said the maximum sentence for the assault would be five years and he rated Mr Dunican's offending at the upper end, attracting a sentence of four years and nine months.

With mitigation, the sentence he was imposing was four years and three months and he suspended the last six months of that for seven years on condition the accused enter a peace bond, remain under the supervision of the probation service for 12 months after release, and have no contact with Ms Galvin or her friend for 15 years.

A concurrent sentence of two years in prison was imposed for the knife offence and he said that but for the guilty plea, that would have been consecutive.

The court also heard that Mr Dunican had brought €500 to court as a gesture but it was not wanted by the victim and Judge Johnson ordered that it be donated to a domestic abuse charity in Offaly.