Man struck former partner’s boyfriend with swinging gate

April 10, 2017

A 40-year-old Killygordon man became involved ‘in a domestic situation that was fraught with emotion’ as he visited his former partner, the mother of his child.

Jason McDaid, of 17 Railway Avenue in Killygordon, was before today’s sitting of Letterkenny District Court on a number of charges arising out of an incident at Carrickmagrath, Ballybofey on November 17, 2013.

Mr McDaid, the court heard, had four previous convictions. He called to the home of his former partner, Elaine Moss.

Mr Sean McGlynn was injured having being hit by a gate that was struck by Mr McDaid’s car as he left the property.

“There was some conflict or confusion as to how the gate flung open or in the manner of Mr McDaid’s exit,” defending solicitor, Cormac Hartnett told the court.

“My client was angry and he left the dwelling in a hurry. He came into contact with the gate, but did not intend to injure Mr McGlynn.

“This arose out of a domestic situation that was fraught with emotion. Mr McDaid is the father of a ten-year-old child at the time and Ms Moss is the mother of the child.

“The relationship has long since broken down. When Mr McDaid arrived at the house, after being in receipt of phonecalls from Ms Moss regarding maintenance and access, her new partner was there, which didn’t help in terms of the attitude.

“It was a domestic situation that became very emotive and somewhat adversarial.”

Solicitor Cormac Hartnett told the court that the parties had ‘put the animosity behind them and have since had a civil relationship’.

He said: “There have been no incidents since this between the parties. The relationship has been distant but civil and there has been no outbreak of the hostility.

“It is now back in the history of time. It was an incident that accelerated on the night in question. It was unseemly and it is one that Mr McDaid entirely regrets.

“Mr McDaid is currently unemployed, but does have an offer to work as a driver. He has an opportunity now that has been a long time in coming.”

Judge Deirdre Geart said: “It was wreckless in the extreme. This isn’t an assault. It’s driving in a manner that was dangerous.”

The matter was adjourned until May 15th by visiting Judge Gearty for Judge Paul Kelly to impose a penalty.

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