Judge strikes out case against man after wife asks to withdraw complaint against him

Judge strikes out case against man after wife asks to withdraw complaint against him

The case came before an in camera hearing of Cork District Court for alleged incidents of domestic violence.

A Cork woman who was allegedly put in fear and assaulted by her husband came before Cork District Court to testify that she wanted to withdraw her complaint saying, “he is a different person now.”

The case came before an in camera hearing of Cork District Court for alleged incidents of domestic violence.

Sergeant Pat Lyons said the complainant had approached him to say that she wished to withdraw her complaint. 

Sgt. Lyons called the complainant to give evidence in the case prosecuted by Garda John Sullivan.

Sgt. Lyons said to the witness, “It is alleged that you were assaulted by your husband and put in fear.”

The complainant said, “My husband has changed his ways. We are trying to sort things. Our daughter is getting married.” 

Judge Olann Kelleher asked the woman if she was under pressure from anyone to withdraw her complaint. She replied that she was not.

The judge reminded her that her husband was accused of breaching a protection order by putting her in fear and also assaulting her. 

Judge Kelleher asked, “What has changed?” She replied, “His attitude is different. He is a different person. He is not drinking.” 

Judge Kelleher struck out the case against the defendant.

The assault and protection order breach charges dated back to July 20.

The judge was told that the 41-year-old defendant and his wife were not presently living together but were trying to get over their difficulties.

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