A man charged with assault causing harm, damaging property, and production of a hammer arising from an incident involving his partner recently had his case put back for a period of review.
Dylan Heywood Jones (47) of 327 Railway Square, Manor Street, Waterford, was before Judge John Cheatle at a sitting of Waterford District Court at the end of May. He was charged with assault causing harm, contrary to Section 3 (1) and (2) of the Non-Fatal Offences Against the Person Act, damaging property, contrary to Section 2(1) of the Criminal Damage Act, and production of an article capable of causing serious injury, contrary to Section 11 of the Firearms and Offensive Weapons Act. The charges arose from an incident that occurred at his home in September 2025.
Sergeant John Phelan firstly outlined that the Director of Public Prosecutions (DPP) indicated to Gardaí that the case could only be heard at the District Court with a guilty plea.
Sgt Phelan told the court that around 1.45am on 27 September 2025, Gardaí were called to the accused’s home, following reports of a disturbance. Sgt Phelan said the accused returned home drunk and began shouting at his partner, who was in their bedroom with the door locked.
His partner told Gardaí that the accused broke down the door and pulled her to the ground, before holding a pliers to her throat and saying that he’d make her ‘ugly’, Sgt Phelan said.
It was noted that the woman told Gardaí she thought the accused said he had a machete.
Acting for the defendant, solicitor Ken Cunningham noted that the injured party was present in court and sitting beside the accused in support. The solicitor noted that although it was a ‘serious allegation,’ the door was actually broken down with a hammer and the injured party had thought he had a machete. There were no ‘discernible’ injuries arising from the incident, Mr. Cunningham said.
The solicitor added that the case became more complex as the injured party decided she did not want to proceed with the charges, and sent an email to investigating Gardaí requesting a withdrawal three days later.
She stated in her request to Gardaí that she was in a “distressed state” and felt pressured to give a statement at the time of the incident, the court heard.
However, Mr. Cunningham highlighted to Judge Cheatle even if his client contested the charges knowing that his partner doesn’t want to proceed, her original statement could still be used in court.
The solicitor added that the accused was ‘forced’ into a guilty plea, as the alternative would have been that the case was sent forward to the Circuit Criminal Court with the potential for more serious penalties.
The injured party took the stand and told the court that she wished to apologise for wasting everyone’s time. She said she was not in a ‘fit’ way to give any declaration to Gardaí and “couldn’t remember” what was going on at the time.
She highlighted to Judge Cheatle that she “feels safe” with the accused, who she has been in a relationship with for 16 years, that they have “been through everything” together, and she was not pressured to withdraw her statement.
Judge Cheatle decided to adjourn the matter to 22 September 2026 to allow the accused a chance to come to no further Garda attention, adding that if this is the case, the charges will be struck out.
Funded by the Court Reporting Scheme
Robyn Power
