A former Irish League footballer who avoided prison earlier this month for a domestic abuse attack has been remanded in custody after breaching bail conditions for a separate related matter.
Jamie Tomelty (43) of The Courtyard, Coagh previously admitted assaulting his ex-partner on February 21 and using threatening, abusive behaviour.
He was handed a suspended sentence earlier this month at Dungannon Magistrates’ Court and made subject to a Restraining Order banning all contact with the victim.
However he had been arrested again on September 6 for assaulting the same woman and animal cruelty by allegedly dropping her dog from a height.
He was granted bail on these which included a condition of no contact but was back before the same court where a police officer explained the woman reported contact from Tomelty’s aunt by Facebook stating, “Jamie asked me to ask you how you were.”
While officers were taking a statement, the woman received another message this time from Tomelty’s cousin which read, “Jamie said if I was speaking to you to pass on that he really hopes you are okay even though what happened was a disaster. He just wants you to be happy.”
The officer said the woman remains, “Very uncomfortable and feels intimidated. While it may seem a trivial breach to some, it’s certainly not for her.”
Objecting to bail the officer said Tomelty, “Was only given a suspended sentence a matter of weeks ago, He also breached bail on October 2 when he was caught with drugs. There is a domestic violence history including a report in Scotland when he locked her out of their address although no charges arose from that.”
A defence barrister acknowledged the application for bail was “very difficult” and while Tomelty accepted the breach he insisted he did not instruct his aunt and cousin to make contact.
District Judge Francis Rafferty noted, “One of his family members stated, ‘Janie asked me to ask you’ “
The defence replied Tomelty, “Had talked to his family about the injured party out of concern for her welfare, but he did not tell them to contact her.”
Judge Rafferty noted, “He wasn’t concerned about her welfare when he was assaulting, threatening and abusing her.”
The defence said he wasn’t briefed on that, leading Judge Rafferty to state, “You can draw conclusions from the convictions. He wasn’t not concerned for her welfare then. I suggest the only person he is concerned for is himself. It’s contended by expressing genuine, heartfelt concern to his family members, they took it upon themselves to contact her, without his instructions and out of the goodness of their hearts, checked to find out how she was, to assuage his concerns.”
The defence said regardless of the circumstances this was the first breach involving contact albeit third-party and Tomelty was committed to adhering to bai.
But Judge Rafferty told Tomelty, “The only commitment you have is to yourself. I dealt with you on October 2 for assaulting and threatening the same injured party when I was persuaded to give you an opportunity by way of suspended sentence and a Restraining Order. You say your family members took it upon themselves to contact the injured party who you had beaten and abused, to ascertain how she was because you impressed them with your strength of concern.”
At this Tomelty spoke from the dock, “I never beat her”.
Judge Rafferty continued, “Bail is rejected in a heartbeat. The month isn’t out from when you were last dealt with.”
Tomelty will appear again by video-link on November 25.
