Man denies assaulting wife and kicking toddler son in the face

 A man denied kicking his toddler son in the face and claimed injuries to the child may have occurred when his  in-laws invaded his home and attacked him.

Garda Gary Martin objected to bail for the man who was accused of assaulting his wife and two year old son at a house in Laois on June 19 last.

Garda Martin said a file is being prepared for the DPP in relation to the matter. He said it would be alleged the man, who is in his mid 20s and can’t be named due to reporting restrictions, began punching his wife in the face and when the two year old entered the room, he allegedly kicked him in the face.

Garda Martin said the woman fled the house with her children and he described the incident  as a “completely unprovoked” attack.  He said the two year old had swelling over one eye and a mark under the other. He said the woman had a cut over her lip and bumps on her face. 

Solicitor Michael Byrne said his client was fully contesting the allegations. He said his client had been the victim of a serious assault. 

“He had to have a number of stitches to his back,” Mr Byrne said, at which point the defendant pulled up his top to reveal a stitched scar on his back. 

Mr Byrne said without the alleged injured party in court the evidence being produced was hearsay. He said his client was willing to abide by strict conditions if granted bail. He also reminded the court that his client was entitled to a presumption of innocence. 

“He strenuously contests all the allegations,” said Mr Byrne. 

Garda Sergeant JJ Kirby described the incident as being at “the upper end” of a Section 3 assault causing harm. 

Judge Andrew Cody noted Mr Byrne’s argument in relation to hearsay evidence.

“For nearly 60 years hearsay evidence has been admissible in bail applications,” he said. It should be granted appropriate weight “given that one of the alleged victims is a two year old child,” he said. 

“Very limited weight but nevertheless I am willing to admit that,” said Judge Cody. 

The defendant took to the stand and told the court he was attacked in his bed at 2am. 

“I fighted for my life in the house,” he said. He claimed the assailants were armed with a slash hook and machete. 

“They drove a machete down into my back,” he said and he took his top off to display the wound. The man said he fled to fields and spent days hiding. Judge Cody asked the man to put his top back on. 

The defendant claimed false evidence was given about him. 

“No way would I kick my son in the face,” he said. 

"Why would I do that to my own child?” he asked. 

He claimed his in-laws accused him because he was going to have one of them charged in relation to his injury. 

“On the bible, that evidence that you have that was given is lies,” he insisted. He again insisted armed intruders came into his house and attacked him and said that might have been when his son was injured. 

“Why would I do that to my son? You would have to be an ill man,” he said. 

“A lot of false allegations are being made against me,” he said.  

Judge Cody remanded the accused in custody with consent to bail on his own bond of €1,000 with an independent surety of €5,000. 

If bail is taken up the man agreed to reside at an address provided, remain sober and of good behaviour, stay away from the injured parties or any of their family, obey a curfew, provide a phone number to gardai where he can be reached and sign on daily at a nominated garda station.