Kildare court case struck out over charge sheet wording
A woman alleged that her ex-partner, a man whose age, nationality and name are not given, became angry in the kitchen of her home in County Kildare on a Wednesday in April, which the report dates as April 6, and threatened her. He was charged with breach of a domestic violence order, and the charge sheet's wording named kitchen utensils, while she said he held a big carving knife. On 15 June 2023 the woman told Naas District Court, which heard the case in camera, that she is divorcing him, and Judge Desmond Zaidan struck out the case on its merits over the charge sheet wording. Kildare Now reported the strike-out on 20 June 2023.
- Reported
- Arrested
- Charged
- In court
- Verdict
- Sentenced
Key facts
consolidated from all reports- What happened
- A man was charged with breach of a domestic violence order against his ex-partner, a woman.
- Where
- The alleged incident took place in the kitchen of the woman's home.
- When
- The alleged incident took place on a Wednesday in April, which the report gives as April 6.
- Cause
- The woman said the accused became angry when she would not let the children go to school with him.
- Weapon
- The woman said the accused threatened her while holding a big carving knife, but the charge sheet stated he threatened her with kitchen utensils.
- Investigation
- A garda wrote the charge sheet, and the judge blamed that garda for its wording rather than the woman.
- In court
- The woman told the court she had been in an argument with her ex-partner, from whom she is divorcing.
- The case was heard in camera at Naas District Court on 15 June 2023 before Judge Desmond Zaidan.
- Judge Zaidan struck out the alleged domestic violence order breach on its merits over the wording of the charge sheet.
- Judge Zaidan said a threat with a big carving knife would have stood out in the charge sheet details.
- Charges
- The charge sheet's wording was the basis on which the case was struck out.
- Other details
- The accused was assisted on the day by barrister and Fianna Fáil TD James Lawless.
- The woman said Judge Zaidan had previously granted her a safety order against her ex-partner.
- Kildare Now reported the strike-out on 20 June 2023.
13 statements extracted from the articles
- whereThe alleged incident took place in the kitchen of the woman's home. (kildarenow.com)
- whenThe alleged incident took place on a Wednesday in April. (kildarenow.com)
- causeThe woman said the accused became angry when she would not let the children go to school with him. (kildarenow.com)
- weaponThe woman said the accused threatened her while holding a big carving knife. (kildarenow.com)
- investigationThe charge sheet stated that the ex-partner threatened her with kitchen utensils. (kildarenow.com)
- courtThe woman told the court she had been involved in an argument with her ex-partner, from whom she is divorcing. (kildarenow.com)
- courtThe case was heard in camera at Naas District Court on 15 June 2023. (kildarenow.com)
- courtJudge Desmond Zaidan struck out the alleged domestic violence order breach over the wording of the charge sheet. (kildarenow.com)
- courtJudge Zaidan struck out the case on its merits. (kildarenow.com)
- otherThe accused was assisted on the day by barrister and Fianna Fáil TD James Lawless. (kildarenow.com)
- otherThe woman said Judge Zaidan had previously granted her a safety order against her ex-partner. (kildarenow.com)
- otherJudge Zaidan said he blamed the garda who wrote the charge sheet, not the woman. (kildarenow.com)
- otherJudge Zaidan said a threat with a big carving knife would have stood out in the charge sheet details. (kildarenow.com)
The reporting
newest first- 20 Jun2023Kildare court case struck out over wording in charge sheet
Reports that the case was struck out on the merits at Naas District Court on 15 June 2023 because of the wording of the charge sheet. The woman's account of a carving knife and the judge's comments on the garda's charge sheet are included.
accused, malevictim, female