A man has been remanded in custody after allegedly threatening his former partner and their young son that he would kick their heads in and burn down their home during a domestic disturbance incident in Dublin.
The man, who is aged in his forties and cannot be named for legal reasons, is accused of breaching a safety order at a house in south Dublin, shortly after midnight on May 8. He was arrested at the scene by Garda Daragh Melinn after allegedly resisting gardai and has been refused bail.
The injured party, the mother of his children, gave direct evidence before Judge Patricia McNamara at Tallaght District Court on Thursday. She told the court that the accused “snapped out of the blue” around 11:30pm on Wednesday night, threatened to “kick the face off” her and her son and refusing to leave the house. She said she had to get her niece to take the children upstairs for their safety.
One of the children was said to be left traumatised by the ordeal. The woman claimed the accused said he would burn the house down and repeatedly shouted that it was “his house” because his children lived there.
Garda Melinn told the court that officers were called to a domestic disturbance and were refused entry at the front door. They observed the accused shouting at the woman, calling her a “tramp” and threatening to “kick her head in.”
The court heard that when Garda Melinn’s colleague attempted to engage with the man, he allegedly squared up to him, told him to “f*** off” and ignored multiple instructions. Gardaí said the man became increasingly aggressive and actively resisted arrest. Handcuffs had to be used and, due to his aggressive behaviour, a patrol van was requested to transport him to the station safely.
The court heard that the accused was not intoxicated at the time of arrest. Gardaí noted that the alleged violence occurred not only toward the injured party but also in their presence.
Gardaí told the court the accused has been the subject of three bench warrants in the past 18 months.
Garda Melinn objected to bail under the O’Callaghan rules, citing a pattern of failing to appear in court, and a likelihood of interfering with the main witness, who is said to be in fear of the accused.
Lauren Flanagan BL, defending, said her client is currently residing in a homeless hostel and is engaging with support services at the Peter McVerry Trust, which is helping him stay clean. She said he had previously suffered from a crack cocaine addiction, which led to him missing earlier court dates, but that he is now detoxed and trying to turn things around.
She told the court that while he had provided an address outside the jurisdiction, he now accepts that giving that address was wrong. He also accepts that his behaviour on the night was unacceptable.
Ms Flanagan said the man is willing to stay away from the complainant, have no contact other than through appropriate access channels for his children, and sign on at a garda station twice a week. She submitted that the court could consider bail with strict conditions.
However, gardaí submitted that the man had been caught “red-handed” and, due to the nature of the alleged breach of the safety order and the alleged intimidation, a custodial sentence was likely if convicted.
Judge McNamara, in refusing bail, said the injured party’s direct evidence – including her expressed fear and the threats made toward her children – supported Garda concerns about potential interference with a key witness. She also cited the O’Callaghan principles, noting the seriousness of the alleged offence and the accused’s history of non-compliance with court orders.
The man was remanded in custody to Cloverhill District Court via video link on Thursday, May 15 at 10am.
Two outstanding bench warrants were executed and defence solicitor Padraig O’Donovan was assigned under legal aid. A disclosure order was also made.