A JUDGE yesterday described an attack on a woman as homicidal and sentenced her estranged husband to three years in jail.
"This was a horrific, inexcusable assault which could be termed homicidal and it is purely accidental she wasn't killed," Judge Martin Nolan said in the Dublin Circuit Criminal Court.
Iyobosa Asemota (34), Chaplains Court, Clondalkin, pleaded guilty to assault causing harm on July 7th last year. The court heard that the accused, who is from Nigeria, told his estranged wife "I'll kill you and get two years in prison" while strangling her.
Asemota was sitting on his estranged wife with his hands around her neck when gardaí found her unconscious with dilated pupils and foam coming from her mouth. She was rushed to hospital. Judge Nolan heard Mrs Asemota repeatedly pleaded with officials not to proceed with the case.
Garda William Sharkey told prosecuting counsel, Anne Rowland BL, that Asemota called to his wife's home and asked to see their three children. She told him two of them had gone on holidays with their aunt and only their 17-month-old daughter was at home. Asemota pushed past her and after searching the house for the children, screamed at her that she had no "right to take my children" before punching her with his closed fists.
Garda Sharkey said she ran out of the apartment, but Asemota pulled her back in by the chest and let her fall face-down before he started to strangle her, shouting: "I'm going to kill you and go to prison for two years."
She pretended to be unconscious, but he began to stamp on her head until she passed out.
Garda Sharkey said he arrived on the scene after being called by an observer and found Asemota sitting on his wife with his hands around her neck. He told him to get down on the ground and tended to the victim, who had dilated pupils and foam coming from her mouth. She was taken to Tallaght Hospital, where she was treated for severe facial bruising.
Garda Sharkey said Asemota had nine previous convictions, including several for public disorder, and was serving a two-year sentence he got last year.
Defence counsel Shane Costelloe BL said Mrs Asemota had repeatedly contacted his solicitor's office and said she didn't want to proceed with the case, not because she denied it happened but for "other reasons". Mr Costelloe said his client was aware she was not eager to prosecute the case, but pleaded guilty because of remorse.
He said Asemota had "lost his reason" and wrongly believed he was being denied access to his children. He had met his wife six years ago in Nigeria and they came to Ireland together, but had since split up.