Man is cleared of assaulting wife in ‘juvenile struggle’

Man is cleared of assaulting wife in ‘juvenile struggle’

28 November 2012

A DOWNPATRICK man has been cleared of assaulting his wife after a judge ruled it was a “juvenile struggle”.

Dermot Rooney (46), of Loughkeelan Road, had been charged with common assault and theft after his wife rang police from their home on June 17.

At a contested hearing in Downpatrick Court on Thursday, Catherine Rooney said her husband had grabbed her and put his arms round her neck in a row after he asked her for money.

Mrs. Rooney said the money belonged to a part-time catering business she ran.

“He said his money was not going to feed other people,” said Mrs. Rooney, stating that he went on to use an insulting term for some of her customers.

She told the court that after the heated exchange she went to get the cash box, but that her husband rushed towards her and thrust his hand in the box. She acknowledged closing the lid on his hand.

“He grabbed me round the wrist….he grabbed me round the neck,” she said, stating that her T-shirt was ripped in the process. “I said if he did not stop I was going to ring the police. He grabbed the house phone off me and smashed it against the door.”

Mrs. Rooney said her husband briefly left the property with the cash box but that she could not be certain of the amount taken as she had yet to cash up for the weekend.

A police officer also gave evidence to say he had observed the broken phone. Remaining police evidence was handed in to the court in statements not read out to the court.

A defence barrister, who pointed out that Mrs. Rooney looked after all the money in the house as her husband was dyslexic, said: “You have exaggerated what happened on that day for your own motivation, your own purposes.”

Giving his evidence, Mr. Rooney said: “She slammed my hand in the box…I tried to push her off. I pushed her away. I threw the money back at her.

“I do not recall lifting the phone.”

Mr. Rooney also told the court he did not know how his wife received the various abrasions on her body noted by police.

Deputy District Judge Eamonn King said he could not be sure money was taken during the altercation and dismissed the theft charge. He went on to dismiss the assault charge, stating: “There was a juvenile struggle between two mature adults in relation to money. In the course of that any injuries sustained were accidental.”