A MAN who contacted his former partner almost 400 times in one day despite a barring order being in place has been refused bail.
Letterkenny District Court this week heard how the man had contacted the woman a total of 375 times within 24 hours, via phone calls, text messages, WhatsApp messages, voice notes and voice mails.
The defendant, aged 30, who is currently in custody, cannot be named for legal reasons to protect the identity of the alleged victim in the case.
The man is charged with offences on three different dates all under the Domestic Violence Act. Bail was revoked on older charges and in respect of a new charge of breaching a barring order, bail was refused for the man.
The court heard 375 text messages, voice messages and contacts were made to the alleged injured party.
The accused was to have no contact with the alleged injured party, who is the mother of his child, the court was told.
Concerns were raised by gardaí that if the man were to be bailed again, he would continue to contact the alleged injured party.
Defendant’s solicitor Michael Shiel asked if gardaí had seized his client’s phone, to which he was told that the phone was seized.
“My client will give evidence that the alleged injured party contacted my client on numerous occasions. If you looked at the defendant’s phone you will see the contact that was made to my client.”
However, Sergeant Jim Collins said although the phone of the defendant was seized by gardaí, they can not legally look through it unless a warrant was granted to do so.
Taking to the witness box, the defendant in his evidence admitted that he instigated contact with his former partner since bail conditions were set.
“We have a daughter together. I have found it very difficult. I have never been in this situation before,” he said.
Addressing the defendant, Sergeant Collins said: “There are 365 days in a year. It is alleged you have contacted her more times in one day than there are days in the year. There were 375 communications in one single day alone.”
Gardaí reiterated that if the defendant was granted bail they believed he would contact his former partner again.
The former partner of the defendant gave evidence via video link from a room downstairs in the courtroom.
Sergeant Collins asked her if the court were to grant her former partner bail would she feel comfortable about that, to which she said she would if he had no phone and didn’t contact her.
“If he left there today and had a phone, would you have concerns?”, asked Sergeant Collins, to which she replied: “I would like to think that he has learned from this. The things he says hurt me. He will suddenly turn and call me names. I don’t deserve it.”
The woman told the court that she had also made contact with her former partner, but the court pointed out that she was not under any bail conditions.
Mr Shiel asked that court that given his client gave a sworn undertaking to the court that he would not contact his former partner that bail be granted.
“She indicated that she was not in fear of him. I ask that you grant bail to the applicant.”
However, Sergeant Collins said: I have grave concerns that he will not abide by the conditions.”
Judge Éiteáin Cunningham refused the application to grant bail.
The defendant will appear via videolink on Monday.
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