A JUDGE has described the evidence given by a 26-year-old man as a “pack of self-serving lies”.

Michael Mallon, of Kilmacormick Avenue, Enniskillen, appeared at Enniskillen Magistrates Court on Monday to contest a charge of assault occasioning actual bodily harm and common assault related to incidents with his former partner on June 23, 2019, and March 30, 2019 respectively.

Following submissions about the admission of 999 calls and bodywork footage into evidence, the common assault charge was dismissed.

However, the actual bodily harm charge proceeded, with the court regarding the recording of the 999 call made by Mallon’s former partner in the early hours of June 23, and also the body-worn footage from the police officer who attended the incident.

In the 999 call, the injured party described how after a night in Enniskillen, she returned home with Mallon, who had headbutted her and pulled her hair out, before leaving with her keys and mobile phone.

The body-worn camera footage showed the injured party recalling events of that night, and described how Mallon had become aggressive before leaving.

The court heard that a withdrawal statement had been made by the injured party, and the prosecution also advised the court that she did not want to come to court, as it would be detrimental to her mental health, but at the same time she did want to see the matter pursued with on her behalf.

Mallon’s barrister, Ciaran Roddy, argued that the defendant not being in court was unfair to his client, as her narrative could not be cross-examined.

The defendant himself took to the witness box to give his account of what happened on June 23.

He said that he had been celebrating his birthday in Enniskillen before meeting the injured partner and his sister and going home with a Chinese takeaway.

After eating the food and going to bed, he claimed the injured party came up to the bedroom and wanted to have sex, which he refused, as he was tired.

It was after this that he said the victim became aggressive and pulled him out of bed, swung at him, and told him to leave.

He admitted that he pushed her away on a couple of occasions, but said it was in self-defence.

Mallon denied pulling the victim’s hair, and said that she headbutted him.

No recollection

Under cross-examination, it was pointed out that during his interview the day after the incident, Mallon said he had no recollection of pulling the injured party’s hair, and that there was no headbutt.

In their submission, the prosecution said the court could be confident the version given by the injured party is accurate, but Mr. Roddy again pointed to the fact the victim had not come to court or taken to the witness box to be cross-examined by the defence.

After deliberation, District Judge Steven Keown said the 999 call and body-worn footage provided clear and compelling narrative of a serious assault, with observable injuries consistent with a clump of hair being pulled out, and photos taken to show this.

Judge Keown pointed out the difference in Mallon’s evidence in court compared to the interview he gave after the incident, and described what he had seen and heard from the defendant as “a pack of self-serving lies”, which was “victim-blaming”, and was common in domestic violence.

Mallon was found guilty of assault occasioning actual bodily harm, and is due to be sentenced on May 17 after a pre-sentence report is carried out.