Man who punched son in face in row over daughter’s bikini photo avoids jail

A man who punched his son in the face during a family row over his refusal to remove a photo of his teenage daughter in a bikini off social media has avoided being sent to prison.

The father-of-three, who cannot be named for legal reasons, pleaded guilty at a sitting of Naas Circuit Criminal Court to a charge of assaulting his son at their home on May 23, 2020.

The accused also pleaded guilty to a separate charge of breaching a safety order on the same occasion.

The court heard that the man who lived in a separate property within the grounds of the family home was estranged from his wife and children at the time.

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Counsel for the DPP, Daniel Boland BL, said the man’s daughter had got into a row with her father outside the house and began crying over the fact that he was refusing to take down a photo of her, when aged 17, in a bikini that had been posted on Facebook.

Mr Boland said the man was claiming that it was the only photo he had of his daughter.

The man’s eldest son came out of the house when he saw his sister crying and also asked his father to remove the photo.

Evidence was given that the accused started recording his son with his mobile phone before grabbing him and then punching the teenager on the left side of the face with a closed fist.

At that stage, the man’s wife intervened in an attempt to de-escalate the situation.

In a victim impact statement, the accused’s son said he felt threatened but was “more in shock” over what had happened.

He claimed he could not participate in his hobbies after the assault as he suffered dizziness and headaches.

The son said there was also some anxiety over whether his father would enter a guilty plea to the criminal charges and accept responsibility for his behaviour.

He said it was a relief when his father did not contest the prosecution.

In a separate written victim impact statement, the accused’s wife said she had applied for a safety order against her husband because of his controlling behaviour.

She described “constantly walking on eggshells” around him, particularly as he was worse after consuming alcohol.

“We never knew which [name] we would face,” she observed.

The woman said her husband had caused a lot of anxiety in his family over his “point blank” refusal to take down a family photo in which her daughter was wearing a bikini from social media.

She claimed she and her children were terrified that the photo would “get into the wrong hands.”

She also pointed out that her husband had recorded his daughter’s “inconsolable crying” on his phone.

The woman said the anger directed by her husband towards her and her children “continues to this day” with its emotional and physical effect being described as “an ongoing occurrence.”

She explained that she just wanted to feel safe in her home and not experience the same level of anxiety in the future.

Counsel for the accused, Willie Hughes BL, said tension had been fraught at the time of the offences due to the accused going through “a dark period” following the breakdown of his marriage.

Mr Hughes said the couple were now going through a separation.

The barrister said the man accepted that his “illogical thoughts” were responsible for the breakdown of his marriage, although he still harboured hope of being reconciled with his family.

The court heard the accused, who has no previous convictions, has reconciled with his eldest son and had weekly access to his younger son.

In evidence, the older son said he was now living with his father and said the accused had changed “for the better.”

Mr Hughes said the accused hoped in time to be reconciled with his daughter.

The court heard that the man, who is in stable employment, had voluntarily admitted himself for treatment for his mental health a few years ago and his life had “now taken a turn for the better.”

Mr Hughes said his client deeply regretted his provocation towards his children but added that the man was “not thinking straight” at the time.

Counsel said the accused accepted he was “completely wrong” and should have handled the situation on the day much differently.

He said the man realised he was also provocative in recording his children with his phone.

While he was drinking heavily at the time and was living an isolated life, Mr Hughes said the man no longer consumed alcohol at home.

Judge Martina Baxter described the assault as “horrific” and expressed concern that the domestic situation with the family does not seem to have improved.

The judge observed that the father had taken out his attitude about the failure of his marriage on his children but had shown limited insight into his behaviour.

“It’s completely unacceptable for an adult to behave in the fashion he did,” she added.

Judge Baxter sentenced the accused to six months in prison for the assault and 12 months for the breach of the safety order with both sentences to run concurrently.

However, she fully suspended both sentences for a period of 18 months on a number of conditions including that the man place himself under the supervision of the Probation Service for 10 months and engage with any recommended services to treat addiction and anger management if so directed.

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