W2C-020 Tipperary Star-2.txt
Wife in fear of husband
A MAN who visited his wife's premises and allegedly put her "in fear" was handed out two prison sentences of six months each, but Judge Mary Martin, at Templemore court, when she convicted him of contravening two protection orders.

Massimo Conte, 89, Pinewood Gardens, Moyross, Limerick, pleaded not guilty to a charge that on December 2nd at Patrick Street, Templemore, he did contravene a protection order made at Portlaoise District Court on that day in that he did put Marina Conte in fear at her premises. He was sentenced to six months imprisonment.

He also pleaded not guilty to a charge that on October 28th., 1994, he contravened a protection order made at Roscrea District Court on 27th October 1994, in that he did put Marina Conte in fear at her premises in Patrick Street. He was also sentenced to six months imprisonment on that charge.

Garda John O'Connor Templemore, said that on December 2nd at 8.05 p.m. he received a call to go to Marina's cafe in Templemore. He was asked to go into the sitting-room of the house by Marina Conte. She informed witness that her husband Massimo Conte was on the premises and that she wanted him removed. She stated that she had a protection order against him. Witness informed defendant that he was not supposed to be on the premises. Defendant tried to put up a case and he (witness) arrested him and conveyed him to the Garda station. Later he left the station on the grounds that he would not go near the cafe.

In reply to Mr. James Meagher Solr. For defendant, witness said that Marina Conte told him that she was "in fear" of her husband. He had informed defendant of that. Defendant felt that he was entitled to be at her premises if he was not harming her. Defendant's wife had telephoned him before that and told him she did not want him there. Defendant must have got into the premises by a side door.

Mr. Meagher - "There was no act of violence committed."

Witness - "No, but she was in fear."

Garda Costello, Templemore said that she accompanied Garda O'Connor to the premises. Marina Conte made a statement. She (Marina Conte) was in fear.

Sargent Martin, Templemore told the Court of investigating a complaint made on September 28th. He spoke to Marina Conte and she was in a frightened and upset state. He took a statement from her. She said that her husband (defendant) had pushed her on the premises and told her that he could treat her like a dog. He also arrested defendant in relation to October 28 incident when defendant again visited his wife's premises.

Garda Dwyer, Templemore also told the court that she took a statement from Marina Conte.

Massimo Conte said that not everything said was true. "I never touched my wife and she can say that," he said. He said that he had never been brought into Court before for "beating nobody"." He never he said assaulted his wife.

Supt. Mulryan for the prosecution, "are you saying that the evidence given here today by Gardai is cock and bull."
Defendant: Near enough.
Judge Martin issued a stern warning to defendant that he was never again to go near his wife or his wife's premises. "You are getting terms of imprisonment now but you will go to jail again if you go near her in the future"." she said.

Recognisances were fixed in the event of an appeal.
