herald

Saturday 3 December 2016

OAP on husband attack charge has case dropped

Philomena Moloney had charges of assault withdrawn
Philomena Moloney had charges of assault withdrawn

A pensioner who had been accused of assaulting and injuring her 75-year-old husband has had the case against her dropped.

Philomena Moloney (69) was alleged to have assaulted her husband, who suffered a stab wound that injured his liver.

The case against her was withdrawn by the State at Blanchardstown District Court and Judge David McHugh struck it out.

Order

Ms Moloney had been alleged to have breached a protection order by assaulting Bernard Moloney at their home at Monksfield Downs, Clondalkin on April 20, 2015.

She had also been charged with assault causing harm to Mr Moloney.

The case had been before the court for seven months, Ms Moloney had been on bail and the DPP had initially directed trial on indictment at circuit court level.

Defence solicitor John O'Donoghue said the case was back before Judge McHugh for the production of a book of evidence.

"The State wishes to withdraw the matters," a solicitor for the DPP said.

"Very well," Judge McHugh said. "Strike out all charges."

She had been arrested in June last year and the case was put back several times as the accused had been attending a treatment centre.

At the time of her arrest, Garda Siobhan O'Sullivan of Ballyfermot Garda Station told Judge McHugh that Ms Moloney made no reply to the charges after caution.

Garda O'Sullivan told the court that Mr Moloney had received a stab wound to the stomach which caused damage to his liver. She said he was treated at Beaumont Hospital

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