A Co Donegal man who beat up his girlfriend after discovering she had an affair with a man she was selling a horse to in France has been given a six-month suspended jail sentence.
Pensioner William Lapsley (75) appeared at Letterkenny District Court in Co Donegal charged with assaulting causing harm to ex-girlfriend Kelda Morgan (45).
The court was told that on September 2nd, 2018, gardaí in Letterkenny Garda Station received a telephone call from a person in France.
The man alleged that he had been on the phone to a woman at Altaskin, St Johnston and that he suddenly heard a lot of screaming and shouting and that he was concerned for the woman's safety.
Gardaí immediately called to the address given by the caller. When they arrived, they found William Lapsley in the backyard of the house.
He confirmed that he and his girlfriend, Kelda Morgan, had been arguing. Gardaí then spoke to Ms Morgan and noticed she had a bruise on her eye.
She told gardaí that Lapsley had heard her on the phone and then punched her in the face and kicked her in the face after she fell to the ground before hitting her with a brush.
Garda Sergeant Gerard Dalton gave a background to the case.
He told the court that Ms Morgan had previously gone to France to sell a horse to a man and ended up having an affair with him but had told Lapsley that it had ended.
On the day in question, Sergeant Dalton said it appeared that Ms Morgan had been on the phone to the man she had had an affair with and that Lapsley had overheard them chatting.
Medical report, victim impact statement
Both a medical report, a victim impact statement and a probation report was handed in to Judge Eiteain to consider.
Solicitor for the accused, Mr Donough Cleary said his client had pleaded guilty to a Section 3 assault and that the relationship between Lapsley and Ms Morgan was now at an end and that Ms Morgan had actually married the French man she was having an affair with.
He said his client had no previous convictions and that he was not suitable to take part in the Men Overcoming Violent Emotions programme in Sligo because of Covid and his age and said the Probation Services said they had accepted the complainant's complaint.
Judge Cunningham said the report is not positive overall, saying there were significant issues with his insight and engagement and acknowledgement in taking steps to improve the situation.
Mr Cleary said his client had accepted that it was not his "finest hour" but that there have been no difficulties since and suggested, because of his client's age, the reality of any further risk is remote.
He added that his client's reaction having been told by his partner that the other relationship was over was understandable.
However, Judge Cunningham said the reaction was not understandable and that, in her view, it was not in any way acceptable to "resort to physical violence".
Passing sentence, Judge Cunningham said the court noted a plea had been tendered, and she also noted the Probation Service's report had not been favourable.
She added that taking all the factors into account, she said this was a serious assault which she placed at the upper end of the jurisdiction of the district court and one which warranted a custodial sentence.
She sentenced Lapsley to six months in prison but suspended the entire sentence for a period of 12 months.
