A judge has told a 49-year old Co Clare man who coercively controlled his then wife over a 17 month long period that it is “extremely likely” that he will be going to prison.
At Ennis Circuit Court, Judge Francis Comerford made the comment after the man on Tuesday pleaded guilty to the coercive control of his then wife from January 2019 to May 2020 contrary to the 2018 Domestic Violence Act where he knowingly and persistently engaged in behaviour that was controlling or coercive and which had a serious effect on the woman.
The man also pleaded guilty to four counts of sexual assault against his then wife on dates from October 2018 to February 2020 at two different addresses in Clare.
Counsel for the State, Shane Costelloe SC told Judge Comerford that the man’s ex-wife was in the body of the court to be present for the arraignment in the case.
It is the first time that a person has pleaded guilty to the offence of coercive control in Co Clare and a jury was due to be impanelled in the case at Ennis Circuit Court on Tuesday.
Judge Comerford told the man that he is not pre-judging any matters, but “it is extremely likely that there will be an immediate custodial sentence of some form in this case”.
Judge Comerford said that he didn’t want to give false hope to someone who is facing very serious prospect of serving a sentence.
Counsel, Bernard Madden SC for the accused told Judge Comerford that be assured that his client is not under any illusions in relation to sentencing.
In July, Judge Comerford remanded the accused in custody after he failed to show up in court to hear his ex-wife give evidence at County Clare’s first coercive control trial.
The trial had to be abandoned on its second day after the accused voluntarily admitted himself to a psychiatric unit, making himself unavailable to the court.
At the outset of the abandoned trial, Mr Costelloe told the jury that audio recordings made the man’s ex-wife and their daughter will make for “difficult listening” in the trial.
The accused was subsequently released from custody after securing bail at the High Court and Mr Madden said that he was applying for his client to be on continuing bail ahead of a sentencing hearing.
Mr Costelloe said that the State had no objection to the bail application. Mr Madden said that his client’s mother is in her 90s and currently in hospital while his client has also to attend to work matters if there is a prison term imposed.
Mr Madden said that reports to be prepared on his client will be of great benefit to the court.
Mr Madden said that the plea of guilt had removed the requirement of the man’s ex-wife to give evidence.
Judge Comerford said that he would grant bail but if there is any breach there would be a very large loss of mitigation for the accused.
Instructed by State Solicitor for Co Clare, Aisling Casey, Mr Costelloe said that the sentencing hearing would last a couple of hours and include portions of audio recording to be played to the court. He said: “It is not going to be a quick sentencing hearing.”
Judge Comeford remanded the accused on continuing bail to Ennis Circuit Court for December 15th to fix a date for sentencing in early 2024.
