Domestic violence 'absolute cancer' - judge

Published Friday, 03 August 2012
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Domestic violence is an "absolute cancer" in Northern Ireland, a High Court judge has said.

Domestic violence 'absolute cancer' - judge
Mr Justic Gillen made the comments in court on Friday. (© UTV)

Mr Justice Gillen warned of tough prison sentences for those convicted of attacking their partners - even if the victims withdraw their complaints.

The message came as he refused bail to a man accused of beating his girlfriend about the head with a glass and then a bottle in two separate incidents within four days.

Paul Smith, 31, of Brookvale Avenue, Belfast, denies charges of assault occasioning actual bodily harm and common assault.

Prosecutors said police called to his flat on 27 June saw bruising and bloody cuts to his partner's face.

It was alleged that he hit the woman with a glass and a key, but she refused medical treatment.

Kate McKay, prosecuting, said police returned to their home on 1 July after a witness claimed Smith had repeatedly struck his partner over the head with a bottle.

Officers forced entry and found the accused sitting on a chair with a lot of blood on the floor, the court heard.

Following a search, the alleged victim was found asleep in bed. Mrs McKay said she was so covered in blood that her tracksuit was saturated down to her slippers.

The woman's lip was cut but she refused to tell police what had happened, insisting she was fine and just wanted to sleep, it was claimed.

Later, she was taken to hospital but left before the inside of her mouth could be stitched.

A defence barrister argued that the prosecution case was weakened by the woman withdrawing her original complaint.

He said she was not prepared to co-operate with police and had attended court to support Smith.

But Mr Justice Gillen held that there was a strong prima facie case against the accused based on other available evidence.

Refusing bail due to the risk of any further offending, the judge said: "Domestic violence is an absolute cancer in this community.

"Thugs who beat up women because they are defenceless receive extremely heavy sentences if they are convicted, and courts no longer necessarily need to rely on statements made by injured parties."

© UTV News
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5 Comments
don't be a victim in life wrote (318 days ago):
Whether there are any convictions or not, the judge is right, our society is rife with domestic violence, against partners and children, who also suffer from neglect. How many relationships are together through love and how many are simply victims of Stockholm syndrome? Stop taking the abuser back, otherwise it will only get worse.
empty words in belfast wrote (320 days ago):
respect in antrim, no disrespect to you but i work in the courts and judges talk a good game, just watch how many of these type of people that they jail?i cant even recall the last time someone was jailed for this crime.
Realist in England wrote (321 days ago):
Respect - why welcome that? To me, it is shocking and utterly wrong. Ignore the emotive circumstances - it could just as well have been two best friends getting drunk, having a fight and then making up with no hard feelings. Unless things have changed in the recent past, assault is a tort. It is a crime against the person and it is up to the person to decide whether to prosecute or not. Neither the police nor judges should have the final say in that decision. What this judge actually said was that a judge should have the power to make that decision for someone against their will if he doesn't like their choice. I'll give an analogy - assume, for a moment, that I make a false allegation against you for some reason. I then feel bad about it, apologise profusely and withdraw my complaint. Thankfully, you choose to forgive me and we put it behind us and make up. This guy wants to set a legal precedent whereby judges could overrule my withdrawal and send you to prison anyway, even though I was the only one to have done wrong. I am not assuming that judges would use such power in an immoral way (e.g. to imprison Nationalists on withdrawn statements but not Unionists), but judges are only human. They can make mistakes. On the assumption that it is "better that ten guilty persons escape than that one innocent suffer", it is completely wrong for a judge to sentence someone in the case of withdrawn statements. If anything, they should punish those withdrawing statements in order to send a clear signal that wasting police time by making things up or initially telling the truth and then subsequently lying to protect someone will result in punishment. That would probably reduce both the numbers of false accusations and also the number of withdrawn true accusations (both of which, I hope you agree, would be genuinely welcome).
Cole Porter in Zippo Isle Ltd. wrote (321 days ago):
It's a shame women who hit men are not as strongly vilified by our society conditioned to feel guilt by our Grandparents actions.
Respect in Antrim wrote (321 days ago):
Justice Gillen's remarks are to be welcomed - there should be no hiding place in the legal system for those who abuse their partners, some of whom are understandably too afraid to pursue charges. Hopefully Justice Gillen's remarks will give some encouragement to all victims of domestic violence.
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