Galway court hears victim 'counting down the days to feel safe and free'

At Galway Circuit Court, the woman described the impact delays in the case have had on her mental and physical health.

The court was also told that a Probation Report assessed her former partner, who is on bail, to be at a high risk of life threatening or serious harm and he is not taking part in therapeutic supports offered to him.

The man has pleaded guilty to four offences against the woman on dates in 2022 in East Galway.

His case was due to be heard this week but was adjourned along with dozens of others due to an ongoing dispute between solicitors and the Department of Justice over changes to the criminal legal aid fees.

The man, who is in his forties, has admitted two charges of assault causing harm contrary to section 3 of the Non Fatal Offences Against The Person Act.

He also admitted one count of threat to kill or cause serious harm to the same victim . and an offence of coercive control, contrary to section 39 of the Domestic Violence Act.

Prosecuting counsel, Brendan McDonagh BL (instructed by State Solicitor for Galway East Tom McLoughlin), told the court that certain matters in the Probation report are of "considerable concern".

The court heard the man is at a high risk of reoffending and is not engaging in the

MEND domestic violence therapeutic programme, as recommended by the Probation Services.

Judge Brian O'Callaghan said he concurred with the State that these are matters of considerable concern but also noted the State has not objected to bail.

Mr McDonagh said the victim is "very anxious" for the case to proceed and it has been explained to her why it could not not.

He said a psychological report on the accused is also awaited.

Defence barrister Brendan Browne was present and told the court he did not have instructions from his solicitor and therefore was not in a position to address the court.

Judge O'Callaghan said these are cases that must be dealt with and no dispute over fees warrants a case like this not going ahead.

Judge O'Callaghan initially adjourned the case to November 4 and told the man he must engage fully with the Probation Services as the matters raised by the probation report are of "serious, serious concern".

The victim stood up and Judge O'Callaghan told her she was welcome to address the court.

The woman, who broke down in tears as she spoke, said the delays have affected her mental and physical health and she has been "counting down the days to feel safe and feel free".

She said she has been "very unwell" in recent weeks and has developed a tremor on her leg.

It has been suggested to her that this maybe linked to the anxiety of coming to court.

She said she has also experienced night terrors, flashbacks and the waiting "feels like extra torture".

The woman said she understood the reason for this adjournment and Judge O'Callaghan said "strikes and disputes cannot dictate how we deal with things in this court".

The Judge said he was extending the criminal sessions, which had been due to finish on Friday, and brought the case forward to July 28.

He said this was an "unusual" thing to do and said he did not want to see a litany of applications as a result of his decision.

Judge O'Callaghan also apologised to the woman for this "stupid and ridiculous legal system" that also contributed to delays.

Of the legal aid dispute, the Judge said he understood there was a suggestion that solicitors could withdraw services for three days next week.

He added it is "very easy" for people in the Criminal Courts of Justice in Dublin to go out compared to Galway Courthouse where there is one jury room, two cells and one courtroom for the circuit court.

"It's a different world down here”, the Judge said.

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