Woman’s application to withdraw complaint over safety order breach refused at Mayo court

A WOMAN who lodged a complaint of a breach of a protection order against her partner said she now wanted to withdraw her complaint when she appeared before Judge Michael Connellan at Castlebar District Court.

However, the State case still stands against the defendant following the decision of the judge in giving the defendant the option of applying for bail with certain conditions attached.

The defendant cannot be named as the case was held in-camera.

When asked by the judge why she had changed her mind, witness said she was very angry at the time when she first made the complaint over the breach of a safety order, which had been granted by the court, but now she wished to withdraw it.

“This is despite the fact that you said at the time when you reported the breach of the safety order that you were terrified; there was mention of broken teeth and you described him as a monster,” Judge Connellan put to the witness.

In reply, the witness said prison was not helping her partner who had serious alcohol and drugs issues and she felt counselling and consultation through a probation officer would be better for him in his efforts to be rehabilitated.

She also denied she was being put under pressure to withdraw the complaint and was making the decision of her own free will.

“Absolutely not, I’m under no pressure to withdraw my application or withdraw the complaint,” she told the judge.

Garda Ciara Brennan said the State were objecting to bail on the grounds that there had been previous complaints of breaches in relation to a barring order and protection orders while the defendant had 26 previous convictions - and she was concerned for the safety of the injured party due to the number of previous warrants that had been issued against the defendant.

The defendant told the judge that he was spending 23 hours a day in his cell and was allowed only a six-minute phone call each day.

Judge Connellan took into account that the defendant had no legal representation due to said the current solicitor’s non-cooperation over the free legal aid dispute, stating he would grant the defendant bail but under very strict conditions.

These included a €500 cash lodgement; observe a daily curfew; sign on daily at a garda station; keep his phone always switched on so gardaí could contact him; surrender his passport; remain sober and have no contact with the injured party.

The defendant asked the judge if he could lower the cash lodgement as he was in prison at the moment and had no access to that kind of money.

But Judge Connellan refused, stating those were the only conditions that were available to the defendant under the circumstances.

The defendant was remanded in custody to the July 15 sitting of Castlebar District Court with consent to bail as set out by the judge’s conditions.

* Funded by the Courts Reporting Scheme.