A day in the life of the District Court

If it’s Wednesday it’s court day, at least in Naas.

There is a regular Naas District Court sitting on that day - unless it happens to be the fifth Wednesday of the month.

The court/legal system is slow to change and there is no reason why there shouldn’t be a court on the fifth - but there never has been.

There is a court on most Thursdays in Naas too except on the (you’ve guessed it ) the fifth day.

Or if it happens to be Holy Thursday. This may be a throwback to the time when the church had much greater sway in this country, but there's no court on Holy Thursday or Good Friday or the Tuesday following the Easter holiday - even though that day is neither a public holiday nor a day of religious observance.

Many strands of human life are represented at most Naas District Court sittings,from children occasionally to elderly folk addressing all manner of allegations.

For those who can’t afford to pay for it, there is a free legal aid service which sees a solicitor assigned to handle your case.

And if your first language is not English there are interpreters available and these mainly cover the languages of the eastern European countries.

Naas District Court is a busy place - made busier with the addition of family law legislation and the introduction of divorce.

The opening case saw a woman seeking an interim protection order from sitting judge Desmond Zaidan.

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She said her partner had come to her home and had pierced tyres on her car and put super glue in the locks. She further claimed that he had struck her in the head and allowed her phone number to be “used for unsolicited messages.”

The judge granted the order, explaining that he was adjourning the case to late September at which time her partner will be entitled to attend to give hsi side of the story and to challenge her evidence - if he decides he wants to.

A Man appeared from prison by videolink.

He’s accused of entering Londis store and Boylesports outlet in Clane in January.

Sgt Mary Meade said the gardaí received a call that a man had gone to Londis with a metal object and demanded money from a staff member. It was alleged that he broke a shelf unit, causing €200 worth of damage.

She added he put a staff member “in extreme fear.” It’s claimed he then went to Boylesports and again demanded money, leaving a staff member in fear.

A man fitting his description was later found in the Abbeylands area and was later found kicking at a door.

Solicitor Tim Kennelly complained about the delay in proceeding with the case for which he blamed the State.

“I can’t understand why it’s being held up, we’re not waiting on outstanding evidence,” he said.

The sergeant said that some clarification had been sought by the Director of Public Prosecutions - which decides whether to charge people for alleged crimes - after the file was sent to the office and the file had to be re-submitted.

“It’s with the DPP and we’re awaiting further directions,” the sergeant said.

Mr Kennelly explained what was happening to the defendant and then told the court that it could be adjourned for two weeks and if the DPP has not provided directions then he could apply to have the case struck out.

Next up was a man who originally came from Iraq or, more accurately Kurditstan, an autonomous region in northern Iraq.

The man presented himself at Kilcock garda station with no identification and no money.

He was unable to give a reason for his trip to Ireland or to provide an address. He was detained under Section 13 of the Immigration Act.

He was taken to Leixlip in a bid to verify his identification and in the end the 32 year old was charged with failing to produce a passport or travel documents.

The court was told he was trying to get to Portlaoise to meet a female he met online.

His solicitor, David Powderly, said it's not up to the court to establish the man’s identity.

Until recently undocumented people were asked to remain and apply for asylum but this no longer nappens.

Mr Powderly said what happens now is that people who arrive with no documents are taken into custody and charged.

“There are many individuals who are in custody," he said.

He said the man is a Kurd from Kurdistan, which is self-governing and is ruled by various factions or militias.

The court was told that the man got off a truck that stopped in Kilcock and was not known through which port he entered.

Mr Powderly said the man’s fiancee is an Irish citizen and was in court.

He said she will provide accommodation and the man did not try to evade the authorities.

“It is not possible for him to get documents. He is applying for asylum,” added Mr Powderly.

The maximum penalties for the offence are a €3,000 fine or 12 months in custody.

Teh gardaí have no reason to dispute how the man got here.

Judge Zaidan said he had reservations about the case because nobody is certain of the man’s identity and nobody can be sure he was the person named.

“Nobody knows his true identity, I could end up making an order against a person who does not have this name.”

The judge said this would make a mockery of the administration of justice.

He also said he’s not the first and won’t be the last person to enter Ireland without proper documentation,adding the immigration system is open to abuse.

However he said it was positive for him that he presented himself to the authorities.

He said if the man had claimed to have come through an airport or a port he would send you to prison - because this is not possible without documents.

He placed the man, who provided an address in Portlaoise, on a peace bond for 12 months.

A woman, aged in her mid forties and from Clane was fined €250. The background to this case was that the woman was intoxicated and abusive, a breach of the Public Order Act, on a date last August at Millbank in Sallins.

The court was told that gardaí responded to “multiple reports” and when they got there she was “shouting and roaring” in a green area where a number of children were playing.

It was also stated that she was highly abusive to the gardaí and she has 15 prior convictions, including seven for public disorder.

It was stated on her behalf that she was walking her dog at the time and she felt people in the area were not being respectful to her. She was fined €250.

A woman aged in her 60s came before the court seeking action to be taken against her husband under family law legislation.

The judge was obviously concerned at the woman’s appearance referencing black eyes as well as bruising and swelling to her face and forehead.

A few days previously, the woman said,  her husband came home and beat her after he was out drinking all day. Her husband was neither present nor represented for the hearing.

The woman was crying at times as she gave evidence, claiming that she has bruises everywhere because she fell and she indicated she was unconscious for a time. Afterwards she could not open her eyes.

She added her condition in court was nothing compared to what it was following the incident.

The couple have been married for at least four decades and the woman said she was happy for the first few years.

She alleged he has done this before and things had gotten worse since the youngest child left the home.

The woman also said her children take her husband’s side because he is so manipulative and sometimes claim she is seeking attention.

He has called her every name under the sun, she claimed, adding that a year or two could pass without incident.

She said she had not eaten since the incident and added “I don’t care if I die, life has to be better than what it is.”

She said she attempted suicide and said her husband treats the dogs better than her.

She had contacted the gardaí and that led to her coming to court.

Judge Zaidan was clearly moved by the woman’s plight and he arranged for a representative of Teach Tearmainn, which provides support to women and children who’ve experienced domestic violence and abuse, to come to court as well asking the gardaí to arrange for her to see a doctor that day.

“This is as bad as it gets; it’s the worst I’ve seen,” he said

At one point the woman said she had not told her own family about the abuse because of the shame she felt and the judge said she should not be ashamed and she had shown courage by coming to court.

He granted an interim barring order, saying that this would be served on her husband by the gardaí.

In a separate case, another woman claimed that her husband, who is from Asia originally, has been violent towards her and a teenage child. She said he had pushed her and the child.

She said he had hit her with a wet swimsuit in the face.

“I’m afraid he will hurt me and our children.”

She told the court he was becoming more violent. She said she received protection from the court before but went back with him and “I tried to make it work but it didn’t.

The woman's husband was not there and was not represented. Judge Zaidan also granted her an interim protection order.