A 55-year-old Derry woman who assaulted her sister and niece on Boxing Day has been excluded from entering the street in which they live.
Roisin Strain, of Glenbank Gardens, admitted two counts of common assault on December 26 of last year.
The court was told she had no previous convictions and defence solicitor Paddy MacDermott expressed his ‘disappointment’ at the Public Prosecution Service’s unwillingness to administer a caution.
A PPS representative said around 5.30pm on Boxing Day a ‘domestic assault’ was committed on Glenbank Road and the injured parties – a mother and daughter – were spoken to at the scene.
It was explained that Strain was ‘completely intoxicated’ when she arrived at the property ‘uninvited’. A verbal argument ensued and one of the injured parties was ‘grabbed by the throat’ and ‘pushed down stairs’.
A ‘struggle’ took place for five minutes before police were contacted and attended, the Public Prosecutor added.
Mr MacDermott said the injured parties were his client’s sister and niece and ‘the matter relates to her father who is seriously ill’. He submitted that Strain ‘has had the responsibility of looking after him for some time’ and ‘alcohol was taken’ when she ‘went to speak to them about it’.
The defence solicitor explained that his client ‘has no clear recollection’ of events but accepts the account provided by the injured parties. He added: “It’s inexplicable that she didn’t receive a caution.”
In response the prosecution said it ‘wasn’t as simple as that’ and after consulting the injured parties a caution was deemed ‘inappropriate in all circumstances’.
District Judge Barney McElholm fined the 55-year-old £200 and also imposed a restraining order in favour of the victims for two years to allow for ‘a period of quietude’. The defendant was ordered not to go within 50m of Glenbank Road and must not ‘harass, pester, threaten or intimidate’ the injured parties.
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