'fraught relationship' Man (31) convicted of assaulting his mother after she told him to keep quiet
The court heard when gardai arrived they heard shouting and Michael Kilcullen was very agitated
A 31-year-old man who was before Sligo District Court charged with assaulting his mother was told by Judge Sandra Murphy she didn’t believe him when he said he didn’t do it.
Michael Kilcullen, of Ard Laighe, Coolaney, was charged with assaulting Geraldine Kilcullen on May 19th 2020 at The Dunes, Enniscrone.
He was also before the court on separate road traffic offences on another date.
The court heard gardaí received a call from Geraldine Kilcullen that there was a racket in the house with her son Michael.
When gardaí arrived they heard shouting and Michael Kilcullen was very agitated. His partner and three children were also in the house.
Ms Kilcullen was concerned for the welfare of the children, the court heard.
Garda McAndrew said along with her colleague Garda O’Donnelll they eventually tried to calm him down.
He took off on foot and they left. A few weeks later Geraldine Kilcullen said to gardaí she had been assaulted in the early hours on the date in question.
Eight months later, she handed in photographs of her alleged injuries to gardaí.
Inspector Pat Harney asked the garda could she describe the photographs that the alleged victim handed in and she replied there were three separate injuries on her shoulder and forearm.
Defending solicitor Mr Mark Mullaney asked the garda if Gerarldine Kilcullen had made any reference to an assault on the night and she said no.
He asked was anyone visible in the photographs or if Ms Kilcullen was identifiable and the garda agreed she wasn’t.
Geraldine Kilcullen told Inspector Harney that on the night her son, partner and three children were staying in her house.
A row broke out and she told him to keep quiet and he told her to f**k off.
She said Michael hit her on the arm and the only reason she didn’t make a statement was that she was terrified.
She told Mr Mullaney she had injuries on her forearm and upperarm.
She agreed they had a fraught relationship. Michael Kilcullen also agreed with his solicitor they had a very difficult relationship.
He said he never touched her and that it didn’t happen.
Judge Murphy heard the evidence from Garda McAndrew and the evidence from Ms Kilcullen.
She said she had no doubt Michael Kilcullen assaulted his mother. He had denied it but had given no explanation.
She was satisfied to convict him on the section 2 assault charge. He had 12 previous convictions.
Charges of driving without insurance, driver’s licence and NCT at Carraroe on September 23rd 2020 were also before the court.
Mr Mullaney said his client got a call from his younger sister who was out in Sligo and it was a mission of mercy to collect her.
Judge Murphy said he was looking at a custodial sentence as it was his second conviction for assault and fifth for not having insurance.
She said the odds were very much stacked against him.
She adjourned the matter for a Probation Report to see if he was suitable for community service.
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