Andrew Carey
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DOMESTIC abuse victims who withdraw their complaints at the eleventh hour are seriously hampering the administration of justice and undermining efforts to stamp out this type of crime.
That was the view expressed by Limerick District Court Judge Marian O’Leary after charges against a young Limerick man for three alleged breaches of a protection order issued to his partner had to be withdrawn before the trial commenced.
Judge O’Leary and prosecuting Garda Sergeant Donal Cronin highlighted the “invidious” position prosecutors are left in when women fail to give evidence or withdraw their allegations of domestic violence against their partners.
Sergeant Cronin had earlier told the court that the prosecution was in difficulty as alleged victim told Gardaí that she wished to withdraw her complaints despite making a number of statements.
It was alleged that the young man, who is a member of the Traveller community, breached a court protection order on three occasions last year.
His partner, who is pregnant, made complaints to Gardaí and followed this up with official statements.
She alleged that her partner had become aggressive when he was under the influence of alcohol and that it sparked violent incidents in the home.
The man had been remanded in custody after Gardaí arrested him.
However on the morning of the trial, Sgt Cronin said the woman turned up at the court and asked to withdraw the allegations and said she was doing so under her own free will.
Judge O’Leary said that the case was to proceed and asked for the young woman to be called to the witness box.
The woman denied she was under threat although she accepted that she had made the complaints to Gardaí.
Asked if she would give evidence, the woman simply said “no”.
“I don’t want to proceed. We are getting a new home. My husband is off the drink. We have a baby due and everything is going right now,” she told Judge O’Leary.
Sgt Cronin said that the prosecution had been left in an “invidious position because of the a la carte attitude taken by the witness”.
Judge O’Leary remarked that a great deal of Garda time had gone to waste.
“There are three matters before the court and that means that you saw fit on three occasions to go to the Gardai out of fear. Now because of your decision to withdraw the allegations, the State cannot proceed in the administration of justice”, Judge O’Leary told the woman.
“Given the position of the key State witness and the nature of the allegations, I must withdraw the prosecution,” Sergeant Cronin said.
