This article is from page 10 of the 2013-12-10 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 10 JPG
A JUDGE has said he does not accept an Ennis woman accused of breaching a protection order taken out by her ex-boyfriend suffers from a “serious psychiatric problem”.
Rather Judge Patrick Durcan said he believes Siobhan Downes (34) acted out of a “bold determination to pursue” the alleged victim.
Judge Durcan was speaking at Ennis District Court on Wednesday where Ms Downes appeared charged with breaching a protection order on October 3 by allegedly going to her former boyfriend’s home.
Ms Downes previously avoided a jail sentence after pleading guilty in September to six separate breaches of a protection order originally imposed by the court in February. At the time Ms Downes agreed to be admitted for psychiatric treatment.
The court heard Ms Downes’ former partner secured the order after the breakdown of the couple’s relationship.
In October Judge Durcan warned Ms Downes as to her future behaviour and ordered her to give a sworn undertaking that she would not make contact with the alleged injured party or make enquiries of him.
On Wednesday, Judge Durcan said he was “not happy” with a report prepared by the Probation Services
Addressing the former airhostess, Judge Durcan said; “I do not believe you are cooperating with the Probation Services. I believe there is an element of foxing as far as you are concerned.”
Judge Durcan said he did not accept there is a “serious psychiatric problem” as far as Ms Downes is concerned.
“I believe there is a bold determination on your part to pursue the victim”, he added.
Defence solicitor Turlough Herbert told the court that a psychiatrist’s report is still awaited for his client.
Judge Durcan warned the accused that if she did not comply 100% with the requirements of the Probation Services he would finalise matters with a prison sentence.
He said that a time of limited resources, State agencies could not afford to waste time trying to work with people who fail to engage with services and attend appointments.
“You’d want to shake up and wake up or I’ll wake you up”, he said.
Judge Durcan remanded Ms Downes on continuing bail to appear again at Ennis District Court on February 5, 2014 when he said the case would be finalized.
He granted liberty to the State to re-enter the cases should Ms Downes breach conditions of her bail. “The codding has to stop”, he added.