Kildare judge: “I would hate to be a victim in this system”

A Naas District Court judge has said that he 'would hate to be a victim' in the Irish court system.

Judge Desmond Zaidan made the comments on Thursday, July 4 last, when he was presiding over an in-camera (in private) court case.

The matter concerned an alleged domestic violence case, in which a man was accused of committing two breaches of a protection order, which was taken out against him by his ex-partner.

Defending solicitor Matthew Byrne told the court that his client 'fully contests' the allegations made against him and was anxious to get the case dealt with as quickly as possible.

Mr Byrne also criticised the handwriting of a document given to him by the arresting garda, and explained that he couldn't make out the writing on it.

He also said that he required a copy of the custodial sentence record in relation to his client, while the accused was remanded in detention by gardaí.

In addition, Mr Byrne highlighted past delays in the case,, and for this reason, he applied for a strike-out.

Judge Zaidan said that he would adjourn the case to a date in November for hearing, but also decided to mark the case peremptory against the State.

This means that if the State is not ready on the next date, he will strike the matter out.

However, the man's ex-partner (and the alleged injured party) interjected: "I'm sorry Judge, but this (case) has been going on for nearly two years.

"He is getting copies of the protection order," she added.

Judge Zaidan said that while he acknowledged that both parties intended to proceed, he highlighted two issues: the hand-writing issue raised by Mr Byrne, and the fact that Mr Byrne requires a copy of his client's custodial sentence record. 

He explained: "I could proceed, but if I did, the defendant would succeed in an appeal within a matter of seconds."

When it was heard that the woman has a baby, Judge Zaidan asked her if the accused is the father of her child.

"No, thank God, Jesus," she replied.

Mr Byrne said that both his client and the alleged injured party have been present for all court appearances in relation to this case.

Garda Sergeant David Hanrahan suggested to the judge that he order an adjournment for two weeks.

However, Judge Zaidan responded: "There would be no point, it (the case) wouldn't be reached."

The judge also noted that Naas District Court is currently understaffed, and added: "I'm stuck between a rock and a hard place."

Judge Zaidan reitered his decision to refuse Mr Byrne's strike-out application, but also highlighted that he would mark the case peremptory against the State.

He said: "All the State needs to do is to give the (relevant) documents and get it over with."

Turning to the alleged injured party, he told her: "I know you're frustrated, and so is he. I'm frustrated too; I would hate to be a victim in this system."

Mr Byrne also told the judge that the State would require another witness in the case, to which a garda present in court said that gardaí would look into this matter.

Judge Zaidan remanded the defendant on continuing bail until the case resumes in November.