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Armagh man breached court order after telling victim ‘no one will know if you don’t tell them’

Craigavon Court

An Armagh man breached a non-molestation order just 18 days after in was put in place, in order to collect his stuff from his partner’s home, court has heard.

Philip Smyth, 35, with an address of Linen Court, appeared at Craigavon Magistrates’, via videolink from Maghaberry, charged with breaching a non-molestation order which was taken out by his partner.

Court heard that on April 17, the injured party made a report to police that the defendant had arrived in a taxi at her home four days earlier at around 4.30 am in a taxi.

She alleged that Smyth had a bottle of vodka in his hand and attempted to enter the house.

The injured party initially denied his entry but the defendant told her “no one will know if you don’t tell them”.

Following this Smyth was allowed in the house and he collected some of his belonging including; a television, DVD player and passport.

The injured party did not contact the police straight away as she was afraid and did not leave her home the whole weekend.

Court heard that there was a significant domestic abuse history and Smyth had been in custody until April 18.

However, defence counsel stated that Smyth had a limited record and was unlikely to get a custodial sentence for a first offence.

They also added that the partner did not want to report the breach but police had told her she had to.

It was heard that both parties had alcohol problems.

The defence also told the court the victim’s mother and father had even turned up to previous hearings to support the defendant.

Deputy District Judge Austin Kennedy granted Smyth his own bail at £400.

The defendant was to observe the same bail conditions which include; no contact with the injured party, not to drink alcohol, not to enter Portadown and to have a curfew between 9pm and 7am.

The case will return on June 1 for a decision.

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