Bail for man accused of repeatedly breaching protection order
A man accused of repeatedly breaching a protection order taken out by his former partner by contacting her on social media has been granted bail.
The accused, who appeared via video-link before Judge Alan Mitchell at Cloverhill District Court, faces six charges under the Domestic Violence Act 2018 for allegedly contacting the woman on several occasions between June and July this year.
The court heard the alleged contact consisted of Facebook messages and a follow request on Instagram.
The complainant, who previously shared a home with the man and is the mother of his children, told the court she was in fear of him.
She said she had to cancel her child’s birthday party because she was afraid he might appear. “He has been contacting my neighbours”, she told the court, adding that she was trying to keep life as normal as possible for her children but remained anxious he could turn up unexpectedly.
Defence counsel, Alexander Langan MacDonnell BL, told the court that none of the messages contained any physical threats. He also said that his client had not been arrested until late October, despite the alleged breaches occurring in the summer.
Judge Mitchell said the case presented “some difficulty”. He noted that although the alleged breaches dated back to June and July, the man had only been charged on 20 October and there had been a three-month gap since the last alleged contact, with no evidence of communication in the meantime.
While he stressed he was not condoning what was alleged, he said there was nothing to suggest the contact had been threatening.
Judge Mitchell said the order in place stated that there was to be no contact with the woman “save and except by text message”. He noted that the alleged communications had taken place through Facebook and Instagram and were not prohibited under the terms of the order.
He said this meant the alleged contact did not, in itself, appear to amount to a breach.
He directed that, from this point forward, there was to be no contact whatsoever, directly or indirectly, including through social media. He said he noted that the woman was clearly distressed and had genuine concerns.
He granted the man bail on strict terms – including a nightly curfew between 10pm and 6am, daily sign-on at a local Garda station, and a total ban on alcohol, unprescribed medication or drugs.
“You are not to have any contact with the complainant in any form – not by message, not by social media, not through anyone else,” Judge Mitchell told him. “If you’re back before me for any breach, your bail is likely to be revoked”.
During the hearing, the accused repeatedly interrupted proceedings. Mr Langan MacDonnell advised his client to remain quiet.
The judge remanded the case back to Dún Laoghaire District Court on 5 November for review, warning that if the man failed to appear, he would be arrested.