Court hears woman was assaulted by married lover during break-up
A man who assaulted a woman, with whom he was having an affair, in Lixnaw last year was fined €300 at Listowel District Court on Thursday, September 20.
Tony Fitzgerald, Abbington, Murroe, Limerick, pleaded guilty to the assault of Linda Ryan - contrary to section two of the Non-Fatal Offences Against the Person Act -at Ballinagare, Lixnaw, on Easter Monday, April 17, of 2017.
Mr Fitzgerald appeared in court on the day alongside his wife, pleading guilty to the charge. Gardaí told the court that Ms Ryan alleged she was 'hit to the face, knocked to the ground and kicked' in the assault. They were not in a position to provide a medical report to the court, they said.
Solicitor Pádraig O'Connell said his client was in court with his wife with whom he has 'reconciled', explaining that his client had been conducting an 'extra-marital affair' with the injured party. The pair had ended the affair, but got back together again before a final split.
"It is perhaps inconsiderate to say there was an element of a woman scorned," Pádraig O'Connell told Judge David Waters, before the judge interjected by advising Mr O'Connell against 'pointing fingers at the victim'.
The judge remarked that it was 'very dangerous' to do so as the victim was not in court to present her evidence, advising Mr O'Connell to concentrate on his own client.
Mr O'Connell said his client had apologised for his behaviour and had instructed Mr O'Connell to apologise directly to the victim on his behalf. Mr O'Connell said he did so and that the apology was accepted.
The incident occurred during what was a 'fraught period between the two,' Mr O'Connell said, explaining that there is no further contact between them, reiterating: "He is here with his wife with whom he is reconciled."
Judge Waters fined Mr Fitzgerald €300 for the charge of section two assault.