Case dismissed as no proof ex-husband knew of protection order

A MAN who was alleged to have videoed his ex-wife had the case against him dismissed at last Wednesday’s sitting of Enniscorthy District Court.

Denis Kelly (49) with an address at the family home of Garryvadden, Blackwater although the court heard he is now living in Curracloe, was charged with contravening a protection order that was issued at Gorey District Court on November 17, 2016 by entering the home of Alice Kelly at Garryvadden, Blackwater and videoing her, putting her in fear on November 23, 2016.

Alice Kelly said that on the evening in question she was at home with her daughter when Denis Kelly came into the house and started videoing her on his phone.

Under cross-examination from solicitor Caitriona Walsh, Ms Kelly said that her husband wasn’t barred from the home.

Garda Charlena McCormack said that when she called to the house Ms Kelly said she didn’t know what her ex-husband was going to do with the recording.

Garda McCormack said that she arrested Kelly on December 6 having met him at Inch. She said she had called to a house in Curracloe where he was now living but he hadn’t been there and an arrangement was made to meet at Inch.

Under cross-examination Garda McCormack said she didn’t check Kelly’s mobile and agreed he may have offered her his mobile phone in the garda car to examine.

Solicitor Caitriona Walsh said she didn’t believe the evidence given was enough to satisfy a breach of the protection order saying there was no allegation of violence or threatened violence.

She also said that Ms Kelly hadn’t said in evidence that she was in fear.

Inspector Martin Foley said he didn’t believe Ms Kelly had to be in fear saying Kelly knew there was a protection order in place.

Judge Gerard Haughton said there was no evidence given in court that Kelly knew that a protection order had been taken out and said the onus of proof rests on the prosecution to prove he knew the order was in place.

‘ There was no evidence he (Kelly) was aware of its existence at the time of the incident and that’s an essential element in the case’, he said. He dismissed the case saying there was no proof Kelly knew of the order.