Man who is barred from his family's home posted 'vile' comments about estranged wife and daughter online

A 40-year-old man who is barred from his family’s rural home and from communicating about them on social media posted ‘vile’ comments about his estranged wife and one of his daughters arising out of a sex abuse case.

He came before Cork Circuit Appeals Court where he appealed through his solicitor, Eamon Fleming, against a prison sentence of eight months for breaching the barring order by posting the comments on social media.

Mr Fleming stressed that there had been no physical breach of the order in that there was no question of the appellant returning to the family home.

The solicitor said the accused had quite a dysfunctional childhood and was essentially applying to have the prison term reduced and allowance made for the fact that he had been granted bail but unable to raise it so he had spent the last four months in custody.

Mr Fleming suggested that even if the appeal judge was minded to affirm the order of eight months that she would allow for the four months already spent in custody.

Garda Karen O’Flynn, who investigated the case, showed Judge Helen Boyle a copy of the online comments.

Judge Boyle said that the appellant was “making really vile suggestions” in his online comments. The judge added that as verbal abuse it was appalling and really shocking.

Judge Boyle concluded by refusing the appeal and affirming the order imposed at district court level. The judge also refused the application to take account of the four months spent in custody with consent to bail that could not be reached. The eight months will be served from now.

Mr Fleming submitted that this was harsh and effectively meant that the accused was now facing into a one-year sentence.

Judge Boyle said it had been open to the her to increase the sentence on appeal and she had not done so. Mr Fleming acknowledged that an increased sentence was a risk in taking an appeal.

One of the terms of the barring order was that he would have no communications with the parties, including by social media.