A domestic abuser who strangled his former partner twice but maintained having limited recollection of either incident has narrowly avoided prison.
Kristen Maguire, 31, of Ladybrook Parade in Belfast, previously denied multiple offences however later pleaded guilty to two counts of strangling the victim.
Dungannon Magistrates’ Court heard that, on March 31 last year, Maguire was at the victim’s home when he grabbed her by the throat before slapping and spitting in her face.
Then, on April 21, the victim went to Maguire’s home to return a phone charger where he accused her of breaking in and became enraged.
He again grabbed her by the throat and struck her head off the end of his bed after which she contacted police.
A defence barrister said the relationship was “very short and clearly not positive”.
District Judge Francis Rafferty remarked: “When interviewed everything was denied. Better than that he claimed he couldn’t remember anything. At what point did he suddenly have total recall?”
The defence replied: “One might term it an epiphany. He accepts the events took place, but he has no particular recollection.”
Judge Rafferty also noted how police quizzed Maguire over WhatsApp messages to the victim, one of which read: “You ever do that again you will see a side of me you never seen before. I will f***ing blow and will break everything around me. Don’t f***ing do it again. That toxic s*** happens again, I’m breaking everything around me, windows, cars everything. You’ll see a real bad side of me. I think that’s what you want though and that’s why you do it to see my reaction. Trust me, you’ll see it.”
The judge said while Maguire has no previous record “the hidden nature of this abuse is not public-facing. The true measure can be seen by what he said himself.”
The defence urged the judge to “be very careful” around matters which weren’t part of the case.
Judge Rafferty enquired: “Are you saying it’s wrong to look into the surrounding circumstances and should excise them from consideration?”
“Very much so, as particular messages have been identified, placing an overall context on the case,” said the defence.
He continued: “There is remorse and regret. There’s no evidence of a pattern of behaviour.”
But Judge Rafferty said: “Surely the fact he did this twice is a pattern?”
The defence retorted: “If so, the thinnest pattern you could get.”
The defence conceded the offences were alarming, particularly in a domestic setting, but turned to a “glowing” reference provided by Maguire’s previous partner with whom he remains friends who testified he was never aggressive or abusive.
Judge Rafferty commented: “In effect she’s saying he never strangled her. These charges are more than enough to alarm the court.”
He told Maguire: “You strangled your then partner twice in a matter of weeks. Your behaviour was disgraceful, cowardly and the actions of a bully. Contending a person isn’t normally violent is utterly rejected. The consistent approach of this court is the domestic context and the allowing such abuse to continue by the offender having a private and public persona.”
Quoting from a previous judgement, he said: “Strangulation is an effective and cruel way of asserting dominance and control through the terrifying experience of being starved of oxygen while in very close contact with the victim who is rendered helpless by the offender. It can symbolise an abuse of power over the victim.”
Sentencing Maguire to 12 months imprisonment suspended for three years, Judge Rafferty warned: “If you raise your hand to another human being in the next three years you will be going to prison. Whatever face you present to the world, the court has seen your true face today and it’s an appalling vista.”
