Ballygawley farmer who wielded 'unrelenting' control of his wife and daughter walks free from court

A COUNTY Tyrone man who carried out a prolonged and unrelenting campaign of domestic abuse against his wife and daughter has walked free from court after a judge said the public interest was towards rehabilitation.

Edmund Smith (64), a farmer originally from Ballygawley but now residing at Cloghfin Road, Sixmilecross, admitted engaging in abusive behaviour of his wife causing her to suffer physical or psychological harm as well as falsely imprisoning his and daughter and cruelty while she was a child.

He was arrested on January 19, 2023, after police revived a third-party report of concern for the welfare of his wife and daughter.

The wife disclosed Smith controlled the finances “rigorously and unrelentingly” with every purchase having to be justified and accounted for.

If money was spent without his knowledge he would go “ballistic”.

She described receiving around £400 per month in Tax Credits and was expected to pay for all food and household matters. The only additional finance permitted was a credit card which Smith insisted was only for vehicle fuel.

There were times she "held her breath" when the credit card bill arrived and on one occasion it was around £600 which made Smith, “Absolutely livid, banging his fist on the kitchen worktop and saying, ‘You f*****s. You cost me that much money. Something is going to be done’.

The wife was not permitted to visit her parents and while the abusive behaviour and control had been ongoing for years, Smith could only be charged in that regard from 2022 when the law changed.

The daughter, who is now an adult, disclosed physical abuse by Smith from around 2012 to 2020, who regularly slapped her which was deemed “unreasonable chastisement”.

During an incident shortly before his arrest, he locked her in a stable with a dangerous horse to prevent her leaving and causing her extreme fear.

She managed to free herself by climbing over a stable door.

When arrested Smith denied all offending and was initially refused bail spending around two weeks in custody before being released on strict conditions.

The case eventually transferred to Dungannon Crown Court and multiple adjournments followed, some of which arose from Smith sacking his first legal team.

New representatives were instructed and a trial finally commenced on September 21 with the jury being shown the daughter’s video-interview.

The following day when she was due to be cross-examined, Smith changed his plea and the case was adjourned for pre-sentence reports.

Defence counsel said it had taken Smith some time to accept his offending and, “His recognition and remorse are reflected in his guilty pleas which entirely vindicate the victims.”

While she stressed the admissions were unequivocal, Smith disputed the terminology used during the incident in the kitchen, specifically “something is going to be done”.

The defence said, “That has a potentially ominous meaning but is not reflected as such in the statement of evidence.”

Judge Mark McGarrity commended the victims for ensuring Smith faced justice, noting they have been left with “Lasting physical and psychological impact. I am told the defendant regrets his actions and the disastrous effect on his familial relationships. He is assessed as presenting a medium risk of reoffending … This case is aggravated by the prolonged nature of domestic abuse and cruelty. He did not admit guilt at the outset and a trial commenced at which his daughter was called as a witness although not subject to cross-examination.”

He concluded, “While a prison sentence could have been considered justified, I find a careful balance needs to be struck between the need for retribution and deterrent against the public interest in rehabilitation.”

Smith was handed a two-year probation order and made subject to a restraining order banning contact with the victims for five years.