Family Law: Woman treated as hostile witness in Laois case

A woman who couldn’t remember an alleged assault by her former partner was treated as a hostile witness at Portlaoise District Court. 

Her former partner (38), who has a Laois address, appeared in court accused of breaching a safety order in Laois on January 11, 2025. 

Garda Peter Bergin said he responded to a call about domestic disturbance at the property at around 11.30pm. He met the woman who told him her ex partner had assaulted her following a verbal altercation. 

Garda Bergin said the woman had said the man struck her face with an open hand and then struck her with a closed fist before climbing on top of her and putting his hands around her neck and choking her until she struggled to breathe. 

Garda Bergin said the woman told him that her son had come into the room and screamed at the man “to let her go” before he stopped and left the house, returning later when he "proceeded to break the window in her front door” of the house. 

Garda Bergin said the woman was upset and had visible signs of injury. He produced photographs which were taken on the night. “She had marks around her neck,” he explained.

He said the front door had been broken inwards and the woman, who was intoxicated, declined medical attention. 

Solicitor Philip Meagher asked about the extent of the woman’s intoxication. 

“She was intoxicated to an extent where I couldn’t take a statement,” said Garda Bergin, who said the woman wasn’t intoxicated to the extent that would permit a garda to make an arrest of Section 4 of the Public Order Act. 

Garda Mary Beamish said she met with the woman in relation to the alleged breach of the safety order on January 17. 

She said the woman “informed me at this time that she did not want to make a statement” and she also told Garda Beamish that she was not acting under duress. A copy of the safety order was produced in court and an audio recording of the emergency call from the night in question was also played. 

The woman then took to the stand. She said she couldn’t remember the incident. “I was heavy on the drink at that time,” she said. 

Garda Sergeant JJ Kirby asked the woman if she remembered being struck or punched. She said she didn’t. He then asked that she be treated as a hostile witness. 

Mr Meagher said the woman was in court by her own volition and he pointed to her comment that she had been “heavy on the drink” at the time. 

Judge Andrew Cody noted the evidence of Garda Bergin, who said the woman was not intoxicated to the extent that would have warrant action under the public order act. 

“I am going to permit Sgt Kirby to treat her as a hostile witness,” he said. 

Sgt Kirby asked the woman if she had been assaulted on the night of January 11. 

“I have to tell you I can’t remember,” she said. She also said she couldn’t remember struggling to breathe or the door breaking. 

Mr Meagher asked her if she had been taking medication at the time. She said she was using three types of prescribed medication and had drunk half a bottle of vodka and consumed one or two buzzball drinks. She said her son had told her she had an argument with her former partner.  

Sgt Kirby put it to the woman that her story just doesn’t add up and the woman replied, “OK”. 

Mr Meagher said the woman had “clearly indicated that she doesn’t have a recollection” of the events. He said she had taken three types of medication and consumed alcohol. 

Judge Cody said the man was charged with breach of a safety order which stipulated that he was not to have contact with the woman or permission to be at the property. He said he was clearly in breach of the order as there was “uncontested evidence that he was drinking with her” on the night. Mr Meagher said “there was clearly an invitation”.  Judge Cody noted that there was no evidence he had been there against anybody’s will. 

Judge Cody asked if the man had any previous convictions. He was told he had 23 and that they were all for road traffic offences.  He convicted the man of breaching the order and fined him €250.