Kildare court: Woman’s lip ‘was flapping’ off her face following assault

An assault on a woman was so devastating that her 'lip was flapping off her face.'

That’s according to a garda who appeared at Naas District Court on Thursday, December 7 last.

The case previously appeared before the courts last month.

It concerns an allegation of domestic violence, and Judge Desmond Zaidan imposed reporting restrictions in order to protect the identities of the alleged injured party and the child that the man (who is aged in his 30s) and woman have together.

The man is currently remanded in custody.

On the previous date, gardaí told the judge that the woman had been successfully granted a protection order against the man.

The court was told that on November 5 last at Basin Street in Naas, the man allegedly went into a taxi and followed the woman and her friend. 

He then allegedly assaulted the woman’s friend and also dragged the woman (his ex-partner) into a taxi by her hair, and proceeded to violently attack her.

Gardaí said that she required between 40 and 50 stitches due to her injuries, and added that she will require plastic surgery.

On the latest date, a garda who was sworn in said that the woman sustained a deep laceration to her face that stretched from the corner of her mouth to the side of her jaw.

"Her lip was flapping off her face," the garda said: "It was as if she had been cut with a blade."

She (the garda) added that the accused faces a total of 16 charges against him: seven of these are for making threats to kill the woman, and eight are for breaches of a protection order.

The garda also said that the original charge against the man, of Section 3 assault causing harm, has now been upgraded to Section 4, which refers to assault causing serious harm.

The court was told by defending solicitor David Powderly that the man insisted that he was the one who was actually attacked first, and that he acted in self-defence.

However, the man 'was remorseful for injuring the woman as a result of defending himself', according to Mr Powderly.

On the latest date, it was also heard that gardaí witnessed the incident and intervened in it.

A bail application was heard in the court, in which gardaí objected to bail being granted for the man.

The garda on the stand said that she had ‘grave concerns’ that he would interfere with the injured party, and that he would likely commit further serious offences if granted bail.

When the garda said that the man ‘was still in contact’ with his ex-partner, the man interjected by saying: "It’s the other way around," to which he was shushed by Mr Powderly.

According to Mr Powderly, these conversations were civil, but the garda disagreed, saying that he had made threats to assault and kill her.

"I have seen them (the messages)" she added.

The defendant tried to interject again, but he was shushed by a nearby courtroom garda.

When the topic of self-defence was raised by Mr Powderly, the garda replied: "Yes he did say that, but the level of force that was reciprocated was completely out of context for self-defence, in my opinion."

Mr Powderly proceeded to ask the garda if any conditions would alleviate her concerns, to which she said that none would, and then Mr Powderly briefly called his client to the stand to discuss his understanding of accepting strict bail conditions.

While on the stand, the man said: "I feel devastated over everything; I should have cut contact with her, but we still had feelings for each other. 

"I wanted to make it work, for us and for our child."

"I never meant to hurt her," he added.

Commenting on the case, Judge Zaidan said that while the man is entitled to the presumption of innocence, and he took onboard the man’s claims that he acted in self-defence, he nevertheless decided that the allegations 'are very serious.'

He added: "Even if there was no direct evidence tying him to the incident, with the nature and circumstances of this particular case, common sense must be applied.

"The two parties are known to each other, so there is a concern there; it is not frivolous."

The judge further pointed out that the defendant previously breached the protection order taken out against him.

He concluded that he was satisfied with the State’s objections and refused the man bail.

Judge Zaidan remanded the man in custody until the case resumes on December 14.

A book of evidence is due to be served by gardaí on the man on this date.

If you have been affected by this article, you can find resources to help you by contacting Women's Aid at 1800 341 900 or emailing helpline@womensaid.ie, or Men's Aid by ringing 01 554 3811 or emailing hello@mensaid.ie.

Additionally, you can find resources to help you by emailing Samaritans Ireland at jo@samaritans.ie, or by ringing 116 123.