Naas District Court sentences man to prison for assaulting woman who Judge said was 'off her head' on drink and drugs

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Naas District Court  sentences  man to prison  for assaulting woman  who Judge said was 'off her head' on drink and drugs
22:59 Friday 22nd of June 2018

A man with a Co Kildare address before Naas District Court  has been sentenced to eight months in prison for assaulting a woman.

The 28-year-old was charged with assault causing harm, at an address in Naas, on a date unknown, between November 29, 2015, and November 30, 2015.

In court, the young woman said that on the weekend in question, it was her 'first time' meeting the accused.

She said: "There was a lot of drinking, in the lead up to the assault, he took my phone, he would not give my phone back."

She told the court how she was drinking with mutual friends and they ended up back at his place.

In court she told how he would not give her phone back and when her friends tried to stop him, 'he squeezed the right side of my face.'

She told the court how she had been 'bed bound' for two weeks.

She told the court how herself and her friends had been driving around and drinking over the course of the two days and that they had ended up in the accused's trailer, had gone driving around again, and then returned to his trailer.

She said: "We were drinking and driving around Newbridge. I was drinking vodka mixed with Lucozade,I  had taken 10 D10s."

Under cross-examination, Defence Solicitor, Conal Boyce, said: "Taking D10s and a wagon load of vodka would make you go off your head."

She denied that she was off her head and said: "I was as sober as a judge."

She said that she purchased the D10s for about €2 and that they were not prescribed, she said that they are for easing anxiety and are similar to sleeping tablets.

Defence asked her if she then went to bed with the man who she said had assaulted her.

In court, she said that they had sex, but that she had not been thinking straight. She said that she had told her friends to fxxk off and that she was 'crying and upset.'

She said: " I was shocked after the assault, three days later, I went to the Garda Station."

In court, Garda evidence outlined how the injured party gave her phone and that they were a number of texts from the accused, after the incident.

Some time after the incident, a text believed to be from the accused read: "What is the story? Need to talk to you, feed as bad as fxxk."

A text on December 1, 2015,  read: "I am heading northbound, should I head southbound?"

Garda evidence said that on December 17, 2015, a text read: "What is wrong with you?"

Another text read: "What is the story? I feel bad, I want to talk for a minute."

The Garda said that the accused when questioned made no comment as to the number, with the texts, and the friends 'refused to co-operate with me.'

In court, last Wednesday, the accused said that on the weekend, he got in touch with a couple of friends and that he had never met her before.

He told the court how a 'lot of alcohol and drugs' were being taken.

He said: "We were all drinking all weekend, there was no eating, we were taking vodka, bulmers, whiskey, D10s and cocaine."

The accused said that he had asked the injured party to stop videoing with her phone.

He said: "I asked her to stop video recording me, she attacked me. I pushed her, that was it. We kept partying on, she stayed the night, we woke up the following morning, we got a roll each, I dropped her home, I gave her money for the morning after pill, I have not seen her since."

Prosecuting Inspector Oliver Henry asked the accused what height he is, to which he responded, '6''4.'

He asked the accused if he texted the injured party after the incident.

In court, the accused said: "It was not my number."

Under cross- examination by Inspector Henry, the accused denied having a temper.

Judge Kevin Staunton said: "This case case be an eye-opener to how some people conduct their social lives. I would think that she was off the head and her behaviour left a lot to be desired, I have no doubt that she is an honest witness. "

Evidence was given how the accused had 25 previous convictions including two for assault causing harm, public order, obstruction of a Garda, and that he is in custody, on previous matters, due to be released on October 8, next.

Defence Conal Boyce said: "He has been living in the chaos of substance abuse. He is making efforts in prison to leave his past behind, he has done a marathon for the Peter McVerry Trust and raised funds for the Food Bank. He has become a First Responder."

Judge Staunton said: "He is making a good fist of life in recent times, he is prone to violence, he needs to do something about that or he will be before the courts for the rest of his life."

He has been sentenced to eight months in prison.

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