By Gordon Deegan

A County Clare farmer allegedly struck his partner "in a fit of rage" 10 times with a metal "kick bar" across her body and legs while the two were milking cows, a court has heard.

At Kilrush District Court, Sgt John Burke gave an outline of the facts in the case against the 27-year old accused man, before the injured party stood up in court to tell Judge Adrian Harris that she didn’t want to proceed with the case against the man.

The woman said: “I don't wish to proceed with the charge. Is it possible to get it sorted today?”

The woman did make a statement to Gardai after the alleged assault on April 8 this year at a location in Co. Clare.

Sgt Burke said that the alleged assault occurred within the confines of a domestic relationship.

Sgt Burke told Judge Harris that the alleged injured party “has resiled from her position but the fact of the matter is that there is a public interest in this case proceeding”.

He said: “Her lack of co-operation may prove a barrier to a successful prosecution but one I would say it is not insurmountable."

Circuit court

Judge Harris told the woman that he has made his decision concerning court jurisdiction after hearing the alleged facts in the case and is sending the case forward to the circuit court.

In the district court on conviction of assault causing harm an accused faces a prison term up to 12 months and that rises to a prison term up to five years in the circuit court.

In court, Sgt Burke outlined the case against the accused where he said on April 8 the accused and the injured party were at the home they lived in at the time.

Sgt Burke said that while the two were milking cows on that date, “it will be alleged the defendant in a fit of rage started to verbally abuse the injury party and called her a ‘ret*rded bitch amongst under things”.

Sgt Burke said that at that stage, the accused picked up a metal bar, which, he said, is known as a kick bar and used for preventing cattle from kicking out, and struck the injured party on her left side body, arms and legs and hit her 10 times.

Sgt Burke said that the injured party in her statement outlined that following the first assault, the accused continued to carry out farming duties while she fed calves. 

He said that it will be alleged that the defendant then became aggressive and started to attack her with a stick "and in the second attack, it was very much in the same fashion as the first".

Sgt Burke said that a number of minutes later it will be alleged that the defendant kicked the woman in the back before hitting her with an open palm on the side of her head.

In the case, the accused is charged with the assault causing harm of the woman on April 8 at a location in Co. Clare contrary to Section 3 of the Non-Fatal Offences against the Person Act 1997.

Sgt Burke said that there is a medical report available and he handed the report into court.

Judge Harris adjourned the case to November 10 to Kilrush District court for the DPP to provide consent for the case to go forward to the circuit court.