A judge has described the case of a couple who had shared a life together for decades but found themselves in court at the later stage of their lives over the breach of a protection order as a “very sad situation”.
Judge John Brennan made the comments in ruling on the case of a woman who told Tallaght District Court that she was left terrified and sleeping with a couch pushed against her bedroom door after her long-term partner called her “vicious” and said “all Irish women are bitches”.
The defendant, who is aged in his early 70s, was given the probation act after pleading not guilty to breaching a protection order that was in place since July 2023, contrary to the Domestic Violence Act.
At the start of the hearing, the woman said the accused – who moved from Morocco to Ireland decades ago – did not need an interpreter and claimed his English was at the same level as her own. She said he had been speaking English at the time of the incident.
The woman told Judge John Brennan that on February 7, 2024, the accused followed her from the sitting room into the kitchen of her home and, without provocation, called her “a bitch”, “vicious” and said “all Irish women are bitches”.
She said she was terrified by the incident and went straight to station, where a garda told the court she was shaken and upset.
The woman denied defence suggestions that she had been angry with the accused, had called him a “bastard” or had stormed out of the house after an argument. She said that did not happen and insisted she had not said anything to provoke the defendant.
She rejected a suggestion that the accused had ignored her and that this had caused her to become angry. She said he instigated the incident and had no right to insult her.
The court heard that the accused, who is originally from Morocco, had lived in Spain for many years before moving to Ireland decades ago. He denied the allegation and told the court the couple argued but would reconcile. He said she had insulted him.
Judge Brennan said it was unusual that the accused required an interpreter, given he had lived and worked in Ireland for decades and had been in a relationship with an Irish woman for a long period.
The accused told the court that he speaks several languages, including Spanish, Arabic, Italian and French.
The prosecution said the woman’s account had remained consistent and pointed to how quickly she reported the incident, as well as evidence that she was shaken when she went to the garda station.
Judge Brennan described the case as a “very sad situation” involving a couple who had shared a life together and now found themselves before the court at a later stage in life.
He said he accepted the woman’s evidence that she was followed into the kitchen and, without provocation, was called “vicious”, “a bitch” and told that “all Irish women are bitches”.
Judge Brennan said her evidence was clear and reliable and that he did not accept the accused’s account.
In a victim impact statement, the woman told the court she had been terrified by her former partner.
She said she slept in another room and would lock the door or put a couch against it. She said she felt belittled by what had been said to her.
In mitigation, defence counsel Ethan Foley BL said the accused was a hard-working man in his early 70s with no previous convictions and a number of health issues for which he is on medication.
The court also heard the parties are now separating and that the man will be leaving the family home. Counsel said the offence, while serious, was at the lower end of the scale for this type of charge.
Judge Brennan said that although the offence was at the lower end of the scale, this did not reduce the impact on the injured party, who had clearly been severely affected and had to come to court to give evidence following the not guilty plea.
Taking into account the accused’s age, health issues and lack of previous convictions, Judge Brennan applied section 1(1) of the Probation of Offenders Act, saying he was satisfied the accused had learned his lesson and would not come before the courts again.