Cookstown man who assaulted two women as they walked in the town centre, is jailed for 15 months

Sentencing 27-year-old David Cunningham, of Riverside Drive, District Judge Francis Rafferty said the assaults on the two women, one of whom was attacked from behind, were “cowardly”, and he had also attempted to strangle his partner not once but twice in front of her baby.

Judge Rafferty told Cunningham, who appeared by videolink at Dungannon Magistrates Court on Wednesday from Maghaberry Prison, that he was a danger to women and although he might have his own difficulties he had behaved insidiously by claiming he did not commit the assaults and was the victim of a police conspiracy.

Mr Rafferty also remarked the case should have been before the Crown Court and not the Magistrates Court.

Cunningham was jailed for assault, causing actual bodily harm; common assault; criminal damage relating to eye glasses; non-fatal strangulation, and common assault.

Prosecuting counsel said on October 20 2023, police in Cookstown received two separate reports of women being assaulted. At approximately 9.45pm, one of the victims was walking at Molesworth Street and saw the defendant and a female arguing with each on the opposite side of the street.

He said as she continued into James Street the defendant ran up and punched her on the side of the face causing her to fall against the wall.

Continuing, he said at 9.50pm the second victim was walking at James Street when Cunningham came up behind her and hit her causing her to fall against a door and her glasses to fall to the ground.

The lawyer said the defendant was later arrested at Riverside Drive in Cookstown and while he admitted being in the area he denied assaulting the victims.

Counsel said on January 5 this year, police received a report of a domestic incident in which Cunningham had put his partner down on the bed and strangled her nearly causing her to lose consciousness. He said her five month old child was in the bedroom and he called the infant by a slur term.

His partner managed to get out of the bedroom and went down to the kitchen where she was again attacked by Cunningham, said the lawyer. He said the defendant put his hand around her throat and kept headbutting her and hitting her head off the floor.

Counsel said the injured party was observed to have sustained a bruised eye as well as bruising around the neck.

Cunningham was arrested and gave a ‘no comment’ interview to all the offences. He only told police that it had been his birthday and he had been drinking all day and could not remember the assault but it was a possibility.

A defence lawyer explained that defendant suffered from a number of conditions, including ADHD. He pointed out that Cunningham had denied the assaults on the two women and believed he had been set up by the police.

The lawyer added that the defendant has already been in custody for five months and 22 days.