Otago Daily Times

‘Fall from grace’ for former realestate agent convicted of domestic violence

- ROB KIDD Court reporter rob.kidd@odt.co.nz

A REALESTATE agent has suffered a ‘‘massive fall from grace’’ after being convicted of domestic violence.

Kevin Barry Duggan (56) can now be named after suppressio­n lapsed at his Dunedin District Court sentencing this week.

Judge Michael Crosbie found him guilty of two counts of assaulting a female, one of assault with intent to injure and one of injuring with intent to injure, and imposed 11 months’ home detention.

According to references before the court, Duggan was regarded as ‘‘an upstanding member of the community’’ in both his business and his sporting pursuits.

Since he had been charged over the raft of violent acts, which spanned several months in 2017, he had lost his job, the judge said.

His appearance in court and loss of suppressio­n, Judge Crosbie said, also made it ‘‘a very public fall from grace’’.

The first flashpoint came when Duggan and the victim attended a birthday party in Christchur­ch in mid2017.

After the celebratio­ns, the couple argued in the car outside and the defendant slapped her in the head so forcefully she later sought medical assistance.

She told the doctor she had been struck 50 times but while giving evidence at trial claimed that was ‘‘a throwaway comment’’.

Judge Crosbie said the most serious incident was the last, which took place in November that year, again after the pair had been drinking.

Duggan backhanded her in the face as she drove home and the assault escalated at the house.

While the victim downplayed the severity, the judge found from the evidence at trial that the defendant had pulled her to the ground by the hair, kicked her in the ribs and arm, and ground his fist into her face.

‘‘I accept she was terrified and felt like she was going to die,’’ he said.

Photos police took four days after the incident, as well as accounts the victim had given friends, corroborat­ed that version of events.

Duggan became emotional during a presentenc­e interview when expressing the shame he felt for the repeated attacks, the court heard.

He said he had taken significan­t baggage forward from a failed marriage and his use of alcohol to unwind became excessive.

‘‘It was an integral part of your lifestyle,’’ Judge Crosbie said.

Since spending three weeks behind bars immediatel­y after being charged, he had not touched alcohol, counsel Anne Stevens QC said.

And he did not plan to return to drinking.

In a statement before the court the victim criticised police for causing her to feel ‘‘harassed and victimised’’.

She never wanted Duggan to be charged, she said.

But Judge Crosbie was quick to absolve police of any blame.

The trial was repeatedly delayed by the woman’s reluctance to attend court and more than once a warrant was issued for her arrest.

An applicatio­n to photograph the defendant was declined, to protect the victim.

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