Belfast pensioner throttled his wife as she got ready to go to church
A Belfast pensioner who throttled his wife as she prepared to attend a church service has been given an eight-month suspended jail term.
James Fitzgerald, 79, was also handed a three-year restraining order for the unprovoked and drink-fuelled attack.
Belfast Magistrates’ Court heard the couple have now separated after being married for 57 years.
Fitzgerald, of Friendly Street in the city, pleaded guilty to a charge of non-fatal strangulation. Further counts of common assault and threats to kill were withdrawn by the Public Prosecution Service (PPS).
Fitzgerald was arrested after police were alerted to the incident at their home on April 19 this year. The woman alleged he had returned to the property under the influence of alcohol and asked where she was going.
“She told him she was going up to 8pm Mass and, unprovoked, he reportedly grabbed her by the throat and stated he was going to ‘do her in’ and then ‘do himself in’,” a Crown lawyer said.
At one point he also allegedly threatened to throw her down the stairs.
“She couldn’t breathe and believed he was going to kill her,” the prosecutor added. “She stated she was in extreme fear that he would cause her further harm.”
Defence barrister Sean Mullan described it as a sad case involving a husband and wife who had been together for 57 years.
“The marriage is now over and the parties have gone their separate ways,” he said.
“It is quite clear that on the day Mr Fitzgerald had too much drink on board, the parties have had their difficulties in the marriage up until that point.
According to Mr Mullan, his client’s family made “strenuous” requests for the PPPS to drop the case.
“This is a man approaching 80 years of age and both parties clearly wish to draw a line under this matter and move forward,” he added.
Imposing eight months' custody, District Judge Steven Keown suspended the sentence for three years.
He told Fitzgerald: “These are serious matters, often prosecuted in the Crown Court.”