Published 25/09/2012 | 14:40
A MAN who allegedly breached a safety order putting his ex-partner in fear had his case dismissed at Swords District Court on a technicality as the safety order was not produced in court.
Patrick Murphy of Abbeylea Avenue in Swords pleaded not guilty to breaching the safety order on July 7th at Ormond Crescent in Swords. Garda Alan McGrath told the court that Murphy had phoned the garda station and told them his ex-partner had consumed a large amount of alcohol and drugs. When gardai arrived at her house they noticed she appeared not to have consumed anything. Murphy approached the house and his ex-partner started to scream and closed the front door. Murphy left the scene and gardai entered the house. 'She told us she had a safety order in place against the defendant,' said Garda McGrath. He said Murphy had texted his expartner and said he was going to consult with social workers in relation to her consumption of alcohol and drugs. He said at 1.30am Murphy was arrested for breach of the safety order. Murphy's solicitor Mr John Hennessy told the court Murphy will say gardai rang him back and told him to go to the house and repeatedly told gardai when he was in the patrol car that he was told to go to her house by gardai. Murphy's ex-partner gave evidence that gardai knocked on her door and said they received a complaint she was under the influence while minding her daughter. She said she knew straight away Murphy had made the complaint and when she saw him coming towards the house she locked the door as she was in fear. 'I got a copy of the safety order to show to gardai and we had been texting earlier that evening in relation to maintenance money owed,' she said. 'I don't have a problem with drinking,' she added. Mr Hennessy argued he had not been shown a copy of the safety order and asked Judge Dermot Dempsey to strike out the charge as he hadn't been shown vital proof. Judge Dempsey said he had to dismiss the case as it cannot go on without the safety order being handed in.