herald

Friday 21 September 2018

Woman's arm broken in grass row, court told

THIS is the west Dublin man accused of breaking his pregnant partner's arm and trying to strangle her after a row they had over "cutting the grass" at their home.

Wesley Kearns (34) has denied attacking and injuring the woman, who was seven months on at the time.

She was left in "a lot of pain" and her broken arm was confirmed when she went to hospital the following day, Blanchardstown District Court was told.

The case against him was adjourned for hearing on a later date after he pleaded not guilty to assaulting his then-partner in the incident on August 3, 2012.

 

APPEARANCE

Mr Kearns, with an address at St Mark's Grove, Clondalkin was remanded on continuing bail.

His solicitor Fiona Brennan entered the plea on his behalf and the accused did not address the court during the brief appearance.

The charge, under Section 3 of the Non Fatal Offences Against the Person Act, will be tried in the non-jury District Court after Judge David McHugh accepted jurisdiction to deal with it.

The case had first come before the court in July, when the court heard the alleged victim "had been in a relationship with the defendant and did not wish to proceed" with the case.

However, on a subsequent court date last month, State Solicitor Rachel Joyce said: "In fact, (the alleged victim) is willing to proceed".

Outlining the allegations, Sgt Maria O'Callaghan said the accused and the woman had been living together at a house in Clondalkin at the time.

"An argument took place between both parties in relation to something minor – the grass being cut," she said.

It was alleged that his partner was 25 weeks pregnant at the time and Mr Kearns kicked her in the middle of her right arm.

"It is alleged that Mr Kearns put his arm and hand around the injured party's neck and as the injured party described it, he tried to strangle her."

A medical report outlining her injuries was handed to the judge.

His decision to accept jurisdiction means it will be not sent for trial to Dublin Circuit Criminal Court, where the potential penalties on conviction are greater.

hnews@herald.ie

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