*A neutral party is to hand over the gifts.
A JUDGE has overseen a court agreement where Christmas presents for two children from a father in prison are to be handed over to the children’s mother via a neutral party in time for Christmas Day.
At Ennis District Court, the 30-year old Co Clare father appeared via video link from Limerick prison where he is currently on remand concerning an alleged assault on the children’s mother with a PlayStation Five controller on December 2nd at their Co Clare home.
The man is on remand in prison concerning three separate assault causing harm charges on the woman on November 24th, November 30th and December 2nd at the family home.
The mother has also secured an Interim Barring Order (IBO) against her ex-partner and the woman’s solicitor, Colum Doherty told Judge Alec Gabbett that the couple have two children and Christmas presents have been removed from the house.
The mother told the court that her ex-partner knows where the Christmas presents are.
Mr Doherty said, “Can we agree to get the presents returned”.
The mother told the court, “I want my kids’ presents”.
Speaking on the screen in court from prison, the father said, “The Christmas presents that I bought and paid for are at my mother’s house and I have already advised my mother to give the Christmas presents to the children’s mother”.
In response the mother said, “My name is on both of those presents as well”.
Mr Doherty said, “If we can get the presents back that can resolve that issue”.
Judge Gabbett told the mother that it has been confirmed in open court that the handing over of the Christmas presents is organised.
Solicitor, Tara Godfrey for the accused said “is there someone that can be nominated? I will get on to my client’s mother and Christmas presents and keys can be handed over to a neutral party”.
Mr Doherty agreed with this approach commenting, “Yes, we will resolve this”.
Judge Gabbett said, “Hand them over to a neutral party. You can see how acrimonious it is”.
The woman said that she did not want her ex-partner getting out of prison on bail through an application in the High Court. She told the court, “I don’t want him getting out – I am at risk of my life”.
In the statement grounding her successful application for an Interim Barring Order, the woman told the court that “on December 2nd after midnight, my partner physically assaulted me”.
She said, “He started boxing me into my face, head and all over my body using his fists. It went on for an hour. He told me his hands were sore so he went and picked up a PlayStation Five controller and started to beat me over my head and my body until the controller broke. He also grabbed me by the throat until I nearly passed out”.
She stated that later that day as the two were in their car, the man started to assault her again.
She said, “When we stopped at a shop I managed to get away and I got a lift to Ennis where I went to the Garda Station. I made a statement to Gardaí and they took photos of injuries to my body. I attended the injury unit in Ennis”.
The woman said that “both of our children have witnessed the abuse from him on me”.
The woman further alleges that on November 24th her ex-partner picked up a butcher’s knife in the kitchen “and stabbed me in the right leg about three times”.
She further alleged that the man “has used a phone cable doubled up to beat me with”.
She said that “I fear that he would kill me or my children. I’m so scared of him. I feel the abuse is escalating.”
In court the man agreed for an extension of the Interim Barring Order to February 19th to the Family Law Court while Judge Gabbett adjourned the separate alleged assault matters to January 7th to Ennis District Court.
