*A man was found guilty of two Protection Order breaches against his ex-wife.
A JUDGE has ordered a man not to enter his ex-wife’s bedroom at any time as part of conditions attached to a two month suspended prison term imposed on him arising from a row over the use of a shower on their child’s Confirmation day.
At Ennis District Court, Judge Adrian Harris imposed the bedroom ban on the man after finding the man guilty of a breach of a Protection Order the man’s ex-wife had obtained against him.
Judge Harris said he found that the man put his ex-wife in fear by video-recording their interaction with his phone during the shower row in May of this year.
The couple are separated but continue to live in the family home with their children and the couple sleep in separate bedrooms.
The woman wept in court as Judge Harris found her ex-husband guilty of two Protection Order breaches in May and September of last year.
As part of the conditions attached to the two month prison term suspended for 12 months, Judge Harris has also ordered the man to only communicate with his ex-wife by text and only then about the co-parenting of their children and to abide by the Protection Order.
Judge Harris imposed a separate one month suspended prison sentence with the same conditions attached concerning a separate Protection Order breach on September 3rd at the family home.
Solicitor, Daragh Hassett for the accused said that his client continues to assert his innocence.
The couple have obtained Protection Orders against each other in the Family Law Court.
In evidence, the woman alleged that her ex-husband had video-recorded her naked in the en suite bathroom of her bedroom on the morning of the Confirmation when her ex-husband was wanting to use the shower.
The woman said that she told her ex-husband to get out of the en suite bathroom as she had no clothes on.
The woman made a complaint to Gardaí over the incident and after his arrest the man told Gardaí in a statement, “I had my phone out and recorded the floor and at no stage did I record her naked”.
The man told Gardaí that his ex-wife told him “You are filming me naked I am ringing the Gardaí” and the man replied “I am not filming you naked”.
In evidence, Garda Michael Haugh said that the man handed over his phone which contained the video footage.
Garda Haugh said that you couldn’t see the woman in the footage as the camera was pointed towards the floor and it showed only a glimpse of the woman’s feet for a split second.
Garda Haugh agreed with solicitor, Daragh Hassett for the man that the audio was a recording of an unhappy couple with “over and back” between them.
In evidence, the man said that his ex-wife wasn’t naked and he didn’t point the phone camera at her.
Mr Hassett said that his client wanted to use the en suite shower on the date as the shower was the only electric shower in the house and he said that the Irish phenomenon, the immersion, wasn’t on for the other shower to be used ahead of the Confirmation mass.
Mr Hassett said that couples who are estranged have got into the habit of recording each other in conversation and he said that in this case both parties have since given undertakings to a judge in the Family Law Court not to video each other when interacting.
In evidence the woman said, “I am really afraid of him – I don’t know when it is going to turn. He has a horrible, nasty temper”.
She said, “He is so angry with me. I am on edge all day. Even tonight now, I have to go home and I don’t know what I have to face and when he is going to turn against me”.
She said, “He has threatened me numerous times. I know he is not happy with the separation – he is very angry with me”.
She said, “He has lost all control over what I do and where I go and he has just can’t cope with it”.
“All through the separation it has been an absolute nightmare – I have been through hell, absolute hell for the last 18 months. All I wanted to do was end the marriage and move on with my life. I am only in the house because I want to raise the children in their own home, in their beds where they are safe, in their community with their friends. I just want this marriage over – I never wanted to be here”.
