An man who denied intimidating and stalking his female neighbour following a dispute over concerns for power hose splashes on his car was fined €500 and disqualified from driving for 12 months.
The Galway District Court heard last Monday how “stalking” allegations had been made against Sheamus Farrell of 39 Ard Na Coiste, Headford Road. According to Garda evidence Farrell had followed his neighbour on at least two occasions while in his car despite being warned by Judge Mary Fahy to refrain from such behaviour.
Farrell was summoned to court for using or engaging in threatening or abusive words or behaviour with intent to provoke a breach of the peace on August 26, 2007. At a previous sitting the court heard that he had fallen out with his next door neighbour, Ms Liz Folan, because he had concerns that splashes would damage his new Lexus car while she was power hosing the steps outside her apartment block. Judge Fahy heard evidence that Farrell had shouted at her: “If a drop of water lands on my car you’re f**king dead.” He then took pictures and used a plastic bottle to take a sample of the water.
Upset and feeling intimidated Ms Folan contacted the Galway City Council housing department because of continued harassment. She also erected CCTV outside her house. In a Garda statement taken on September 27, 2007, Farrell said that he had asked Ms Folan to turn off the water because he feared his 07 Lexus would be damaged by detergent and other cleaning agents. In court and under oath Farrell denied threatening Ms Folan in any way.
Judge Fahy said that there was no doubt that Farrell had threatened the injured party but that because they were neighbours, and because the defendant was a mature man with no previous convictions, she would adjourn the case for a Garda Behaviour Report.
After reading the report on Monday, Judge Fahy described it as “very disconcerting”. Garda Marcus Flynn gave evidence that on January 25 of this year it was alleged that Farrell had followed Ms Folan while she picked up a friend in the Rahoon area. The court then heard that Ms Folan had returned to her car in Woodquay after shopping and had seen Farrell sitting in his car. Garda Flynn said that Ms Folan placed her shopping in her car, and turned back towards town to “avoid a confrontation”.
When Farrell took the stand he strongly denied ever parking in the Woodquay area and other allegations of him sitting outside her house in his car and watching her movements. Regarding the incident on January 25 he said that the only reason he had been in the Rahoon area was to pick up his son.
Judge Fahy concluded that she didn’t find the defendant’s evidence credible. Leave to appeal was granted.
