A judge has remanded in custody a 49-year-old Co Clare accused man who failed to show up in court to hear his ex-wife give evidence at County Clare’s first coercive control trial earlier this month.
At Ennis Circuit Court, Judge Francis Comerford refused the man’s application for bail after Garda objections.
The accused man has pleaded not guilty to 22 counts including coercive control, sexual assault and false imprisonment against his ex-wife and will now remain in custody pending his trial date and the next trials at Ennis Circuit Court are due to commence in October.
Last Friday week, Judge Comerford discharged the jury on the fourth day of the case after telling them his decision was due to a medical report before the court.
A jury had been impanelled on July 11th and heard the opening remarks by counsel for the State, Shane Costelloe SC and the accused ex-wife - and chief State witness - was due to commence her evidence the following day.
Psychiatric unit
However, no further evidence was heard in the trial due to the man - who was on bail at the time- voluntarily admitting himself to a psychiatric unit, making himself unavailable to the court.
When the accused didn’t show up for the first day of evidence, Judge Comerford issued a bench warrant for the man’s arrest.
The man did not provide any instructions to his solicitor as to his non-attendance resulting in the jury coming back to court again on the Thursday and the Friday when they were discharged.
Gardaí executed the bench warrant after the man left a local psychiatric unit and came to Ennis courthouse and met gardaí by arrangement.
Making the bail application for his client, Andrew Sexton SC said that a medical report confirmed that there was no major evidence of the man having a psychiatric disorder.
The medical report stated that the accused’s admission was due to the stress brought about by allegations made against him by his ex-wife.
The report also stated that the accused was experiencing suicide ideation.
Judge Comerford said that the accused is not under pressure because of allegations made by ex-wife “he is under pressure because of the prosecution brought by the State”.
Mr Sexton said that his client has no previous convictions and no history of bench warrants.
Det Garda Cathy Burke said that the gardaí were objecting to bail due to the seriousness of the 22 counts before the court and Garda concerns that the accused would not appear in court to face trial.
Det Burke said that gardaí were objecting to bail as a remand in custody was necessary for the accused to stand trial.
At the outset of the abandoned trial, counsel for the State, Shane Costelloe SC told the jury that audio recordings made by a mother and her daughter will make for "difficult listening” in the trial.
Before the jury, the man pleaded not guilty to a total of 22 separate charges that include coercive control, sexual assault and false imprisonment of his ex-wife.
In the case, the man is pleading not guilty to knowingly and persistently engaging in behaviour that was controlling or coercive and which had a serious effect on the woman who was or is his spouse between January 1st 2019 to May 15th 2019.
In total, the man is contesting 12 counts of sexual assault, six counts of false imprisonment, two counts of assault causing harm against the woman, one count of criminal damage and the coercive control charge.
Judge Comerford remanded the man in custody to this Friday, July 28th to fix a date for trial.
