A father-of-two young children who assaulted his ex-partner, received a Conditional Discharge for two years when he appeared at Magherafelt Magistrates Court.
Thirty-year-old Paulius Luksa from Leckagh Drive, Magherafelt, was told by Deputy District Judge Peter Magill that while the court took a “very dim view” of domestic violence he would not send him to prison.
Mr Magill said he was most concerned that nothing like this happened again and imposed a two-year restraining order on defendant, prohibiting him for engaging in behaviour that would harass, alarm or cause distress to the injured party.
Prosecuting counsel told the court that at approximately 5.20pm on February 9 this year, police attended a report of a domestic incident at Rainey Court, Magherafelt.
He said on arrival officers were met by a distressed Lithuanian female who alleged she had been assaulted by her partner, the defendant.
Counsel said the female alleged Luksa had grabbed her shoulder and shook her and banged her head against a wall.
As of result of these allegations, the defendant was cautioned.
He added that defendant had no criminal record in this jurisdiction or in Lithuania.
The case had been listed for a contest and the judge remarked that in the police statement, the defendant admitted “grabbing this lady” and shaking her and causing her possibly to hit the fridge.
Defence barrister Liam McStay stressed the defendant was sorry for what he did and will not commit “any further maliciousness” on her.
Mr McStay said the defendant appreciated that this was “not good” for his two young children and accepted the relationship is over.
He pointed out that the defendant has a clear record and would not be attempting to cause alarm or distress to the injured party in future.
Imposing the restraining order, Mr Magill told Luksa that it would expire on July 11 2020.
He said that he gave the defendant credit for his clear record and for not putting the injured party through the ordeal of having to give evidence in court.
“It is sad to see a man of previous good character standing where you are today,” he remarked.
Mr Magill said because of his guilty plea and previous clear record, he would not be imposing a period of imprisonment.
He told him if he stayed out of trouble over the next two years that would be the end of the matter, but if he was brought before the court again within this period he would be re-sentenced.
Mr Magill aslo warned Luksa to obey the terms of the restraining order. “This lady must not be annoyed by you in anyway,” he said.