Man accused of punching partner and choking her until she had a seizure to face Crown Court jury
A Portadown man accused of repeatedly punching his partner to the face and choking her until she had a seizure when she asked him if he was texting other women is to be prosecuted in the Crown Court, a PPS lawyer has revealed.
During a contested bail application by Barry Madden, a prosecuting lawyer confirmed to Craigavon Magistrates Court that both cases “are going on indictment”.
On one case Madden, from North Street in Portadown, is charged with five offences including non-fatal strangulation, causing actual bodily harm criminal damage and causing unnecessary suffering to a dog on January 21 as well as a domestic abuse offence on dates between January 7-21.
On a second indictment, Madden is charged with common assault of the same alleged victim, possessing class B cannabis and damaging a police car on May 21 this year.
The court heard how the second set of charges were allegedly committed by Madden four days after he had been granted bail on the first set but that both will be sent to the Crown Court together.
In relation to the January allegations, the court heard how the victim was in the living room and Madden was using his phone but when she asked him if he was texting other women, he responded by allegedly “punching her to the face three times”.
She fled upstairs to the bathroom to splash water in her face but Madden “followed her up and trailed her to the bed, pinned her down and choked her for 30-40 seconds” to such an extent that she had an epileptic fit.
It’s alleged that Madden again punched her several times to her head and face in an “altercation that went on for some time”.
At one point during the incident, Madden allegedly threatened that he was “going to hurt the only thing you love” so grabbing her 13-week-old puppy, he held it up by its throat and squeezed, causing the dog “to squeal” and its eyes to swell”.
"She told him ‘Hurt me, not the dog’ and he let it go,” claimed the detective, adding that the incident moved outside onto the street where the victim was “banging” on a neighbour’s door for help.
Before they could open it however, Madden allegedly “dragged her down the street” and then he left the area.
The complainant contacted police and when officers arrived at the scene, she was “very distressed, struggling to breathe and she had some difficulty in working out exactly what she had to say”.
Four months later, on May 17, Madden was granted bail but four days later “police received a report of an ongoing domestic” at the alleged victim’s home and when cops arrived, Madden was “upstairs in the bed”.
She claimed “he had punched her five times to the arm” and when Madden was taken from the bed, there was a piece of cannabis resin lying under him.
The court heard claims that on the way to custody, Madden “leant forward and spat deliberately on the dashboard of the police vehicle”.
A detective constable said police were objecting to bail “primarily on the grounds that he is likely to commit further offences” and also the risk of witness interference.
Highlighting that Madden is alleged to have committed further offences while on bail, the officer revealed the defendant has allegedly been “writing correspondence from prison in an effort to reconcile with the injured party”.
Defence solicitor Philip Reid argued that with a proposed bail address in Newry, bail conditions could be put in place to assauge police concerns including geographical restrictions and a condition of no contact.
He told the court that according to Madden, the pair had met in May “in a chance encounter, he had not sought her out” and submitting that Madden has already served the equivalent of a 14-month jail sentence, the lawyer suggested “he may not get much more of a custodial sentence” if he is convicted.
District Judge Michael Ranaghan said it was he who had granted bail to Madden in May “and shortly thereafter he breached it - that’s the starting point here”.
"He has breached my trust on one occasion and that is enough for me,” said the judge as he refused bail, “I do not have any trust in him - he was given one chance and that is all he gets.”
Commenting that “I am glad the matters are going on indictment because the case deserves the full attention of a jury given the horrific outline of the case”, Judge Ranaghan said he was satisfied that Madden “presents a real risk of reoffending” and while he has been in custody effectively since January, “he is the author of his own misfortune”.
Remanding Madden back into custody, he adjourned the case to September 6.