A man who warned his ex-partner to “sleep with one eye open” after threatening to kill her has walked free from court.
PJ Crossan appeared at Letterkenny Circuit Court after making the chilling threats to his former partner Claire McVeigh on May 20th, 2020.
The court heard how Crossan had been in a relationship with Ms McVeigh but it has finished and the couple had a daughter together.
Painter and decorator Crossan had been due to collect the child earlier in the day but failed to show up.
He later called Ms McVeigh from a private number warning her to sleep with one eye open and threatening her that she was “going up in flames” before calling her a “tramp, ratbag, bastard.”
A terrified Ms McVeigh contacted Gardai in Milford in a distressed state and moved her children to a different house that night fearing the threats were genuine.
Crossan was arrested the same day and admitted leaving the threatening message but denied he had any intention of carrying them out.
The court was told that the accused has 23 previous convictions including two for assault causing harm, three for criminal damage, 13 for traffic offences and four for public order.
Ms McVeigh was cross-examined by barrister for Crossan, Mr Peter Nolan, who revealed how she had been in a relationship with the accused for nine years but they split.
Ms McVeigh said she wished to draw the complaint against Crossan.
She said she had purchased a house beside Crossan’s family whom she said were very supportive to her and her children.
On reflection, Ms McVeigh said she felt that her former partner was intoxicated and was never going to do what he threatened to do.
“I did not realise the consequences and that he could be jailed and that’s not what I wanted as he is a great support,” she said.
She added that they were now getting on much better and that he was a very good father.
The investigating Garda confirmed that Crossan has not come to their attention and “appears to have moved on” and that he is trying to deal with his alcohol issues.
The accused himself was put in the witness box by Mr Nolan.
He admitted the relationship is over and that he is very sorry for what he did and what he put Ms McVeigh through and how he scared her.
He attended Whiteoaks Rehab Centre and attends AA but admits he still takes the occasional drink.
Mr Nolan said his client his client had pleaded guilty but that this was simply a drunken row on the phone and that he would never consider hurting Ms McVeigh or her children.
“He produced a statement over the phone that was nothing short of extreme to say the least. He has admitted it and apologised but he says he didn’t mean it,” he added.
Mr Nolan said his client is now 35 and a changed man who has done well and is trying to support his family before adding that “drink is the worm in the apple.”
“It’s a blight and I’m not sure what he can do but I would ask the court not to impose a custodial sentence but to take some other approach,” he added.
Passing sentence Judge John Aylmer said he had listened to Ms McVeigh whom he said was anxious to explain, not withstanding that she was very frightened on the night, that this was really a drunken rant.
He added that he also heard her express the view that she did not want him to go to prison and that he was a good father who has an active role in his family’s life.
Judge Aylmer said Crossan had pleaded guilty but it was clear that he was drunk at the time but that there as still intent albeit it drunken intent.
He said that in all of the circumstances he placed the offence at the lower end of the scale but stressed that Crossan, of Lough Road, Milford, still has a problem with alcohol addiction.
Before mitigation he said the offence merited a sentence of 18 months in prison.
In mitigation, he added the accused had maturely greatly in the past three years and that he has engaged full as a parent in a fulsome way.
He also added that Ms McVeigh’s decision to withdraw her complaint was not due to any kind of duress by the accused.
In those circumstances he reduced the sentence to one of 12 months in prison.
He added that not withstanding his previous convictions and the fact that he has a lot of work to do with his alcohol addiction, the accused has made such big progress and has matured so much that he was going to suspend the 12 month sentence in its entirety.
Mr Nolan asked if the court was considered to impose some recommendation for alcohol treatment.
Judge Aylmer declined saying this decision was “up to him”.
“If he doesn’t deal with it (his alcohol addiction) it is likely he will get into trouble of some sort again and in that event he won’t expect to get the leniency shown to him before,” he added.