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Plea from victim spares attacker from prison

This article is from page 13 of the 2007-07-17 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 13 JPG

A WEST Clare man who viciously attacked his girlfriend was spared a spell behind bars when his victim asked that he not be jailed.

Senan Downes (31), of Westwood, Golf Links Road, Ennis pleaded cullty to assaulting his then girl- friend, causing her harm, on May 18 2006.

Garda Declan Keavey told Ennis Circuit Court on Thursday that the pair had been living together at the wbealee

He said that Downes “viciously” assaulted the woman at their home. As aresult she lost consciousness.

‘He put his hand around her throat, banged her head off the wall and said ‘I’m going to kill you’,” said the garda.

The young woman spent five days in hospital recovering from the as- sault. She sustained bruising to the side of her face and bleeding to the ear but made a full recovery.

Judge Sean O Donnnabhain noted an allegation that during the assault there were threats made that the ac-

cused would “get her.” Garda Keavey agreed that this was the case.

He said that under bail conditions the accused had been ordered not to contact the woman. However, he had phoned her and sent her text mes- sages prior to Christmas.

The garda said he believed the young woman was in fear of the ac- Iota

The young woman told the court that the accused had stopped sending her text messages. “He has been stay- ing away from me. If he continued, I’d be happy with that,” she said.

The judge told her, “The most I can do is send him to jail. He will get out and I’ve no control over it then.”

She replied, “I’d prefer if he could not go to jail. We were together for five years. I know he needs psychi- atric help.”

Defence Counsel Michael Fitzgib- bon said his client – who now lives in west Clare – was involved in a road accident when he was a child and re- ceived counselling on and off since then. Downes addressed the court and said, “All I can say is I’m sorry.”

The judge told him he would have

“no hesitation in sending you to jail if you go near her.

“T accept it was a nasty assault on his then partner,” said the judge.

He said he must take into account the seriousness of the case coupled with the protection of the victim.

He imposed a two year jail term suspended on conditions. These in- clude that the accused does not come within 100 yards of the young wom- an and does not phone or text her for two years. He also imposed a curfew and ordered him to continue with his treatment.

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