Prison recordings during which a man convicted of coercive control and perverting the course of justice tries to get his victim to withdraw her evidence have been played to the judge in the Dublin Circuit Criminal Court.
The 52-year-old was also found guilty of intimidation and multiple assaults on his former partner after a jury heard he had burned, punched, headbutted, stamped on and strangled the woman.
The court heard that the crime came to light when a hospital consultant became so concerned about the woman and "the real and substantial threat to her life" that she contacted the gardaí.
It was the 20th time the woman had visited the hospital for treatment for various injuries.
Detective Sergeant Michael Egan told the court that after the gardaí had arrested and charged the man, they were made aware the woman was withdrawing her statement.
An investigation identified numerous attempts by the man to cause the woman to withdraw her complaints, citing that she would be arrested, she was to say it was accidental, that she was drunk and stating there was no coercive control
Gardaí seized 146 phone calls which were recorded in the prison between the man and his victim and another person.
The calls were made between April and June of 2020.
In one call the man tells the woman he has to get out of here [prison] and that he loves her.
In another one in April he tells her: "I'm going to come up with a couple of things I need you to do."
In a subsequent call he tells her to "just change your statement, its no big deal, write a letter, just write it never happened, you were drunk, never in the right frame of mind"
In May, the following month, he asks her "Have you started that letter, try to get it in as quick as you can, they were putting words in your mouth, anything positive for me?"
He also told her to say about one of the assault charges against him that "you were angry, you know what I mean" He also told her he loved her so much "I'm looking forward to getting married, never thought I'd get married in my life"
The woman later tells him about the difficulties she is having in withdrawing her statement
"Do you not realise what you're doing?" he says, "I'll be in here for years."
At other times the man becomes angry and hangs up on the woman.
"So you know when you withdraw your statement you need a solicitor with you," he tells her.
He complained to her on another phone call that he had been served the book of evidence with all her statements in it.
He accused the garda of "lying" and said it was "all about promotion for him."
"I'm getting stitched up like a kipper here," he complained to her.
He also told her that "we are going to have to come up with something really big. This is going all the way. He's [the garda] is f***ng you over as well."
In subsequent calls he repeats to her the need for her to withdraw her evidence and "write a letter." He complains to her when it hasn't been done, "from the time I've been in here and before, I've been asking you to write these letters," he says
The victim subsequently reads to him in a later call an affidavit drawn up for her by a solicitor. In it she states she wishes "to withdraw my complaint," she was "not in the right frame of mind", "do not wish to attend" court and "I am not under any duress" to withdraw the evidence.
In the calls he suggests additional statements, "a major one I would need," he tells her "you were not informed of any court date before the book of evidence."
When the victim tells him the solicitor says she cant put that in he complains "are you trying to drown me?"
In relation to coercive control he complains "that's the charge he has me on. He wouldn't be able to say it unless he got it from you."
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The victim has called on other victims of domestic violence not to leave it too late to get help.
In a victim impact statement read on her behalf in court, she said she was so grateful to the hospital and the doctor who "took patient care to a whole new level," recognised the crime, took the first step and called the gardaí.
The woman, who said she was "educated" and "from a good home", did not know what domestic violence was as the man "chipped away" at her "piece by piece" until there was "nothing left but tears."
She also said she "did not know how to exist" on her own but was "trying to rebuild."
Her former partner she said "sucked the life and soul from my body." A door creaked in the home they shared and she is still afraid of doors creaking.
"All I did was try to please him but he always made me feel I did nothing right," she said.
"I lost contact with friends because he wouldn’t let me answer the phone. He distanced me from my family and I missed my nephews christening. I couldn’t go anyway because I had two black eyes."
"He destroyed my self worth and self confidence," she said in the statement, "he took all my money, humiliated me in public, I had black eyes, a broken nose, bruising, staples in my head, pizza slice injuries, a broken arm and a burned foot. I often ran away and slept rough through fear but I still went back to him."
"He always persuaded me it wouldn’t happen again and such was the control I went back," she said.
The woman was not in court for the sentencing hearing and her statement was read by Detective Garda Donna Walsh.
The woman said the services of Women’s Aid were amazing and there was so much help available which she didn’t know about until she was removed from him. "It’s the best thing that happened" she said, "I would have stayed."
She said she wanted to encourage other people that there was "always a place to go" and "you will be helped."
"Please take the first step. I didn’t. The hospital did and I’m so grateful," she said, "please don’t leave it too late."
The court heard the father-of-two has worked as a hairdresser for 13 years before caring for his father and mother.
He was homeless for a time and has two previous convictions for being drunk and disorderly and drink driving.
His defence counsel submitted he has a history of mental health issues and has received psychiatric treatment and treatment for alcohol addiction.
Judge Elma Sheahan is due to sentence him next week.
Helplines are available for anyone affected by the issues raised in this article:
Women's Aid - 1800 341 900
Men's Aid Ireland - 01 554 3811
Samaritans - 116 123
