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02 Oct 2022

'Abusive and threatening behaviour' case dismissed after witness fails to give correct evidence

A District Court Judge said her hands were 'tied' as she dismissed a case against a man in Letterkenny after a witness failed to give the correct evidence when she took to the stand

Letterkenny court house.

Letterkenny court house.

A man charged with threatening and abusive behaviour in Donegal has had his case dismissed after a witness failed to give the correct evidence.

Robert Stolarczyk was before Letterkenny District Court with using or engaging in threatening, abusive or insulting words or behaviour with intent to provoke a breach of the peace at The Gardens, Ballymacool, Letterkenny, on September 28, 2019.

Stolarczyk, a 50-year-old, with an address at The Gardens, Ballymacool, Letterkenny, was charged with a similar matter in relation to an incident on October 4, 2019 at the same location.

Stolarczyk’s solicitor, Mr Kieran Dillon, said the case would be a lengthy one and would need the use of a Polish interpreter.

Due to the absence of a witness, the matter relating to October 4, 2019 could not be heard.

Judge Éiteáin Cunningham agreed to hear evidence on the September 28, 2019 matter.

Under questioning by Garda Inspector Paul McHugh, a female witness said she had ‘so many dealings’ with Stolarczyk that she ‘doesn’t recall September 28’.

The witness told of an alleged assault on her partner by Stolarczyk, but was told that this was not the case being referred to.

“My partner came home and I heard some noise,” the witness, speaking through an interpreter, said. “When I walked out to the front door, I saw my partner try to hide his head in his hands. Mr Stolarczyk was standing with a shovel above his head.”

Mr Dillon objected to the evidence being relayed and Inspector McHugh told Judge Cunningham that the witness was not talking about the case that was before the court.

“The courts hands are tied because the evidence given is not relating to the alleged offence,” Judge Cunningham said, dismissing both matters against Stolarczyk.

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