A MAN allegedly kicked and stamped on his partner while they stayed in a Derry hotel for her birthday, the High Court heard on Friday.
Patrick Sherry, 32, also tried to choke the woman and threatened to kill her with a clothes iron as part of an unprovoked attack, it was claimed.
Prosecutors said she was taken to hospital with suspected broken ribs.
Sherry, of Castle Hill Park in Ballygawley was refused bail on disputed charges of assault occasioning actual bodily harm, attempted choking, false imprisonment, threats to kill and possessing an offensive weapon.
Police were called to Da Vinci’s Hotel in the early hours of March 26 amid reports of a woman screaming in one of the rooms.
When a member of staff went to investigate the alleged victim opened the door in a distressed state with marks to her face and neck, the court heard.
She was taken to the lobby area and provided an initial account to police of what happened when the couple went to the hotel for her birthday.
Sherry became agitated, made accusations and launched an unprovoked attack after they had been out in the city and returned to the room.
Crown lawyer Adrian Higgins submitted, “She said he punched her head, head-butted her face, squeezed her throat with both hands, kicked her to the legs and ribs, and stamped on her.
“At one point he lifted a clothes iron in the room, wrapped the cord around his hands and told her he was going to kill her.”
Amid concerns about possible fractured ribs, she attended Altnagelvin Hospital where it was confirmed that no bones had been broken.
However, muscle and tissue damage was established, along with bruising to her neck and face.
Sherry was arrested in the hotel car park a short time later.
He denied any assault and claimed blood found on the sink of their room was from cutting himself shaving, Mr Higgins added.
Bail was sought on the basis that the woman has now dropped her complaint and indicated she will not participate in any criminal proceedings against Sherry.
Defence barrister, Turlough Madden argued there has been a change in circumstances and insisted, “There is no evidence of any coercion in withdrawing her statement.”
But denying Sherry’s application, Mr Justice Fowler identified risks of re-offending and interfering with the alleged victim.
The judge pointed out, “There is a prima facie case of punching, kicking, stamping and strangulation of this complainant.
“That is recorded on body-worn video which can be used at trial, irrespective of the withdrawal of her statement.”
Receive quality journalism wherever you are, on any device. Keep up to date from the comfort of your own home with a digital subscription.
Any time | Any place | Anywhere
SUBSCRIBE TO CURRENT EDITION TODAY
and get access to our archive editions dating back to 2007(CLICK ON THE TITLE BELOW TO SUBSCRIBE)