Court orders arrest of alleged domestic abuse victim after she fails to appear

A JUDGE has issued an arrest warrant for an alleged victim of domestic violence after she failed to appear at Dungannon Magistrates Court to give evidence against her former partner.

It is claimed the man had smashed his way into her home brandishing a knife and threatened to kill her and their then three-month-old baby.

Although the woman made a withdrawal statement very soon after the alleged incident, the Public Prosecution Service decided to go ahead with the case.

Alan Harkness (24) from Tamnaskeeny Road, Cookstown, is accused of entering the house as a trespasser on September 7 last year, ransacking the property and issuing threats.

At a previous bail application a detective explained the alleged victim had described Harkness smashing a door in to gain entry to her house at around 3.30am.

She had claimed he was “in a rage, accusing her of being with other men” and proceeded to ransack every room in the house, including the attic.

It was alleged the man had grabbed a knife and threatened to kill both her and the baby.

She also told police there had been previous incidents within the last month, but not on this scale.

Police opposed bail due to a high risk of reoffending, given the rapid escalation of violence, and stated that Harkness showed no regard for the sleeping baby.

There had been a domestic violence history which was classed as low level, but the detective added: “These frequently are before a major incident, and if released there is risk a more serious incident may occur.”

However, a defence lawyer had said: “The prosecution has only one crucial witness and there is already a withdrawal statement.

“The injured party has visited him in prison and made it clear she will not give evidence against him.

“There is a possibility this case will not proceed.”

Harkness, who provided a “no comment” interview, denies all charges.

On that occasion the judge refused bail stating: “His blood was found all over after he smashed his way into the house. There is no question of allowing bail in this very serious matter.”

However, that decision was appealed at High Court and Harkness was released on strict terms.

The case was listed for hearing as a contest yesterday, but the alleged victim was not present.

A prosecuting lawyer said that having been made aware she did not want to give evidence, a summons to attend had been served, but still there was no appearance.

“Reluctantly, I would be asking for a warrant,” the prosecutor stated.

“There is a domestic violence history and the baby was alleged to have been a victim in this matter.”

The defence, however, argued for the case to be dismissed and resisted an application to adjourn.

District Judge Michael Ranaghan said: “The prosecution have taken the unusual step of seeking a warrant, under very specific circumstances.”

Acceding to the request, the judge said it was appropriate given the potential risks.

He refused to dismiss the case and ordered it to be relisted when the alleged victim has been arrested.

❝ The injured party has visited him and will not give evidence against him