'That disc – I paid for it, I am taking it back': Man accused of breach of protection order 

There was disagreement in court on a number of matters arising out of the disputed incident that occurred in a car park in Cork.
'That disc – I paid for it, I am taking it back': Man accused of breach of protection order 

The case was heard at an in camera hearing of Cork District Court. Picture: iStock

A woman with a protection order against her husband claimed she was put in fear when he reached into her car to remove a disc on the basis that he had paid for the insurance.

There was disagreement in court on a number of matters arising out of the disputed incident that occurred in a car park in Cork. For instance, the man said he and his wife had been married for 17 years. She disagreed and said they had been married 16 years.

Accused of breach 

The case was heard at an in camera hearing of Cork District Court where the middle-aged man was accused of a breach of a protection order.

The complainant said she was in the car-park of her workplace when her husband approached her and tried to open the car when she sat into it.

She said he asked her, “Are we finished with our marriage?” 

She replied that he would know everything after they appeared in court.

He told her he needed a disc and she thought he meant that he wanted a music CD from the car.

However, he leaned in and started taking the insurance disc saying, “That disc – I paid for it, I am taking it back.” 

The woman said, “I am calling the guards.” 

He put the disc back.

She testified, “I felt shocked and in fear. 

"I felt if I did not lock myself in the car something bad might happen.” 

Eddie Burke, solicitor, said the defendant was struggling financially and was trying to cancel insurance he had paid for and that the insurer told him the certificate and the disc would have to be returned to them.

The defendant said, “I did not force myself into the car. I put my hand in. (Wife’s name) put my hand away softly. And she said I will ring the guards.” 

Judge Olann Kelleher said, “I find the facts proved. I will try to deal with it in a certain way (when told the accused had reached this stage in his life without a conviction). He does not accept she was in fear. I believe she was.” 

The judge said he would put the case back for two months to see how matters would go between the parties.

Mr Burke said the protection order required the accused not to put the complainant in fear but there was no court order against them talking to each other.

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