Courts

Accountant accused of knife assault on his wife fails to halt retrial

Ms Justice Tara Burns in Court of Appeal says Sidney Sutton failed to establish ‘arguable case’ and leave to apply by way of judicial review was refused

Sidney Sutton (47), of Brindley Park Square, Ashbourne, Co Meath, leaving the Court of Appeal in Dublin. Photograph: Collins Courts
Sidney Sutton (47), of Brindley Park Square, Ashbourne, Co Meath, leaving the Court of Appeal in Dublin. Photograph: Collins Courts
Fiona Magennis
Fri Dec 06 2024 - 17:52

An accountant who has been before the courts more than 30 times in relation to an alleged knife assault on his wife that was described at his original trial as “extreme domestic violence” has failed in a bid to halt his retrial.

After costs in the action were awarded against him on Friday, Sidney Sutton (47) told the Court of Appeal: “You won’t be getting anything from me. Social welfare €232 a week: That’s what I’m reduced to. It’s corruption at its best.”

Mr Sutton, of Brindley Park Square, Ashbourne, Co Meath, was convicted of four counts of assault, one of assault causing harm, and one count of producing a knife capable of inflicting serious injury following a Circuit Court trial in 2017.

It was the State’s case that the alleged offences occurred in the early hours of February 6th, 2016, as Mr Sutton and his wife, Edele Aherne, returned to their home after attending a wedding the previous day in Slane, Co Meath.

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In interviews with gardaí following the assault allegation, Mr Sutton said that his wife had attacked him and that her injuries were caused by a fall and self-harm with a kitchen knife.

Mr Sutton’s conviction was subsequently quashed and he appealed a High Court decision that his second trial on the alleged offences should not be halted on the grounds that the case was an alleged malicious prosecution and an abuse of process.

Delivering judgment at the Court of Appeal on Friday, Ms Justice Tara Burns said Mr Sutton had failed to establish “an arguable case” with respect to any of the issues he had raised. She said accordingly, leave to apply by way of judicial review was refused.

Mr Sutton was originally sentenced to two years with the final 12 months suspended, but the Court of Appeal then ruled that sentence was too lenient and ordered him to serve a further 16 months, with Mr Justice John Edwards describing the alleged stabbing as “the culmination of a prolonged incident involving extreme domestic violence”.

However, in April 2021 the Court of Appeal quashed the conviction and acceded to the DPP’s application for a retrial.

Mr Sutton subsequently made applications against this retrial, which ultimately failed in court on Friday.