Judge slams 'miserly' offer from man who injured ex-wife

A Judge has described a man's gesture to his ex-wife whom he inadvertently injured in a criminal damage attack on her home as a miserable offer’.

Denis McGettigan, 58, appeared at Letterkenny Circuit Court charged with two counts of criminal damage.

Both incidents happened at McGettigan's ex-wife's house at Carrownagonagh, Milford on February 7th, 2021.

The court was told by Detective Garda Enda Jennings that the accused arrived at the home of Kathleen McGettigan while she was cooking Sunday dinner for her new partner Hugh Flood.

He was in a rage and after punching and smashing the windscreen of his own vehicle, he began to head-butt and kick the door of the house in.

He shouted aggressively at both Mrs McGettigan and Mr Flood and said: "That bastard is in my house."

The accused went to Mr Flood's van and smashed the two headlights on it.

He head-butted the front window of the house smashing it and causing the glass to fall onto Mrs McGettigan's leg causing her a deep cut.

The cost to repair the two headlights was €312 while the window of the house cost €510 to replace.

During interview, McGettigan of Glebe, Kilmacrennan, gave a background to the break-up of his marriage and admitted causing the damage to the property.

He said he did not realise he had cut his ex-wife's leg, apologised and later signed himself into a psychiatric unit.

The court was told that McGettigan, a builder by profession, does not have any previous convictions.

Kathleen McGettigan, in her victim pact statement, spoke about her injuries claiming her ex had shown no remorse and had never offered an apology.

She said she just wishes that Denis McGettigan would reflect on his barbaric and intimidating behaviour on the day stating the fact that he would reduce himself to such barbarity is just sad.

She added that their marriage was over a long time ago and that she has managed to rebuild and heal her life with Hugh Flood.

Mrs McGettigan said she also fears that she is terrified her ex will flip and do something that even he will regret.

In his victim impact state, Mr Flood said he would like to ask McGettigan why he was going out of his way to make their lives a misery and a living hell over the past five years.

He added that he no longer feels safe and that his mental health and wellbeing has suffered as a result.

He said he just wants to be left alone to live in peace with Kathleen but that he still fears another attack by McGettigan or someone he gets to do it.

The court heard that McGettigan has no previous convictions.

He said his difficulties arose out of the break-up of his marriage in 2017 which had a profound effect on him in lots of ways including his mental health.

Before this they had enjoyed a long and successful marriage and had four grown-up children who had all gone on to have successful lives and careers.

Sean McGee BL, barrister for McGettigan, said his client is finding it ‘extremely difficult’ to move on.

He said McGettigan is trying to move on with his life but that emotions were high when he found his ex-wife residing in the house with the other party.

Mr McGee said his instructions form his client were that the issue of the damaged window had been resolved through insurance but that Mr McGettigan was offering a further sum of €500 and asked the court to do what it could for Mr McGettigan.

Judge John Aylmer said these were serious offences, noting the maximum sentence for criminal damage is one of ten years in prison.

He referred to the deep cut on Mrs McGettigan's leg which required treatment: "It could have been a lot worse and it was by pure chance that it wasn't."

He said the court considered the offer of €500 as a ‘miserly gesture’ reiterating that this was a ‘serious offence’ and one which ordinarily might merit a custodial sentence.

"I'm going to say no more and adjourn the issue to the next session and give the accused time to reflect and put a better foot forward in the hope that he might avoid a custodial sentence," he said.

He told Mr McGee that the adjournment would give himself (the Judge) time to reflect as well as the accused and that hopefully his instructions to Mr McGee will improve.

The case was adjourned until the next sitting of Letterkenny Circuit Court in October.