A Donegal man charged with breaching a protection order was warned by a Judge that he faces Christmas behind bars unless he shows the court some respect.
Judge Éiteáin Cunningham told the man, who appeared at Letterkenny District Court, that he was “that close” to going into custody.
The man was granted bail, but with strict conditions attached and the matter will be kept under weekly review, Judge Cunningham said.
The man, aged in his 30s, was brought before court by Gardai following his arrest.
The accused, who cannot be named for legal reasons in order to protect the identity of the alleged victim in the case, was charged with two breaches of a safety order.
Sergeant Maurice Doyle gave evidence of arrest, charge and caution. He was charged with two offences contrary to section 33 (1) of the Domestic Violence Act, 2018 on dates in November and December, 2024.
After being charged with one of the offences, the man replied: “Have you evidence? She messaged me too”.
To another charge, he said: “What are you on about?”
Sergeant Doyle told the court that Gardai were objecting to bail. He cited the seriousness of the charges, the nature of evidence in support of the charge.
He said the accused had approached the woman after a previous hearing at court for a family law matter and was alleged to have requested that she withdraw charges that are under investigation.
Last weekend, the man was said to have contacted the woman by text message.
Sergeant Doyle said Gardai were in possession of a text message in which the man indicated that he was likely to abscond from the jurisdiction before the matter was finalised.
The court heard that the accused man took the woman to a medical appointment after she reached out to him.
The woman took to the witness box and told Judge Cunningham that she was in fear.
“If he gets bail, he’s coming after me,” she said.
Mr Rory O’Brien, solicitor for the accused man, applied for bail. Mr O’Brien told the court that there has been “regular contact” between the parties.
After hearing the submissions, Judge Cunningham granted the man bail with strict conditions imposed.
Judge Cunningham said there were court orders in place which prohibit all communication.
The man was granted bail in his own bond of €200, nil cash, on condition that he commit no further offence and be of good behaviour. The man is to sign on at a Garda station each week and was ordered to have no contact in any way, to include social media or otherwise, with the alleged injured party.
The man has surrendered his passport and was ordered not to apply for a new one.
“If there is a breach, I have no doubt that the State will be back here to revoke bail,” Judge Cunningham said. “You can rest assured, if I find there has been the slightest breach, I will have no hesitation whatsoever.”
Addressing the accused man, Judge Cunningham said: “You are that close, and I mean that close, to going into custody. You need to start adhering to court orders. You are not allowed to respond to messages, good, bad or indifferent.
“If you don’t want to spend Christmas behind bars, you need to start adhering to the orders of this court and start showing this court respect.”
Judge Cunningham said she would keep the matter under close and constant review.
Judge Cunningham advised the woman to link in with domestic violence services and to seek people who could support her.