Man denied in Cork court that he phoned his ex – but his phone proved it

A man accused of breaching a barring order by phoning his ex-partner denied making any call and offered gardaí in court the opportunity to examine his phone to prove it – but unfortunately for him the offer totally backfired and now he has been remanded in custody.

The matter occurred at an in-camera (private) hearing of Cork District Court where the parties cannot be identified because the case is prosecuted under the Domestic Violence Act.

Terms of the barring order against the 33-year-old man provide that he would not phone his ex-partner and that he would not contact her directly or indirectly. 

Judge John King said that not alone were these terms of the barring order but they were also terms of the bail previously granted by him to the man.

However, the man’s ex-partner rang 999 for gardaí on the afternoon of January 29 to say that after a number of private calls, which she did not answer, she picked up the call that was made at 4.34pm that afternoon.

IN FEAR

The young woman said she was immediately in fear as a result of the threatening sound of the defendant’s voice on the phone.

Garda Dean O’Sullivan said gardaí had concerns that he would put her in fear again or interfere with her as a witness to the case if he was granted bail.

Sergeant John Dineen called the young woman to give evidence and she confirmed that she recognised her ex-partner’s voice on the phone that afternoon and that she hung up. Her phone showed that the call lasted 12 seconds.

In the dock at the district court, the defendant smiled and shook his head. He told his solicitor Eddie Burke that he totally denied making any phone call and that the gardaí could check his phone to prove it.

The phone which was taken from the 33-year-old on his arrest was brought into court to check. Officers scrolled back to 4.34pm on January 29. It showed that he made a 12-second call to his ex-partner’s number at the same time as shown on her phone.

Sgt Dineen said to Judge John King: “A 12-second phone call – it is there on his phone in plain black and white.” 

Judge King said: “I am satisfied on the evidence that shows he is breach of his existing bail.” 

The judge refused bail and remanded him in custody for one week.

As the evidence of the January 29 phone call emerged from the defendant’s own phone, he continued to argue the point. “It must have been a mis-dial," he said.