Tipperary man threatened to kill his neighbour and burn house down

A bench warrant has been issued for a Templemore man who threatened to kill his neighbour during a 13-month campaign of harassment.

Thurles District Court heard that John Donoghue, 21, of 17 Railway View, Templemore was charged with stalking and harassment, threatening to kill, and threat to damage property (criminal damage) on unknown dates between October 1, 2020 and October 31, 2021.

Mr Donoghue was not in court when the case was heard.

Thirteen Months

The defendant’s neighbour, William Phelan, told the court that over a thirteen month period, he and his family were subjected to death threats and verbal abuse from the defendant. Mr Phelan had kept a detailed diary of each incident, both threatening and anti-social, sections of which were read allowed in court.

The court heard entries that detailed threats to Mr Phelan’s life on numerous occasions.

The defendant had called him names such as “the baldy bastard”, “rat bastard” and a “prick”.

He made threats including using a hammer to “smash his brains out”, “I’ll fix him tomorrow,” and threatened to burn Mr Phelan’s house down.

The court also heard details of incidents including playing of music late at night, shining lights in windows, shouting, fighting and banging on walls and doors.

Mr Phelan described incidents of Mr Donoghue shouting at his window in small hours of the morning or firing eggs at his house.

Mr Phelan told the court that he did not take the threats seriously at first. But became worried when the defendant burned his own car.

“I didn’t feel safe. I didn’t know what he was capable of,” said Mr Phelan.

He told the court that his sons, one of which had been recovering from surgery, had left their home because the situation had become intolerable.

Mr Phelan said his wife was scared to leave the house and described for the court an occasion where she was walking her dog and the defendant mimed cutting his throat.

Mr Phelan said he had to install cameras so there would be evidence if the issues escalated.

He told the court that although the defendant had moved out two years ago, he still insults him if he sees him in town.

Mr Phelan told the court that he made numerous complaints to the gardaí, and eventually an officer was assigned to investigate.

Mr Phelan said in his victim impact statement that his “whole family life has been affected” and that both he and his wife had to seek medical assistance.

“It hasn’t been normal for a couple of years,” said Mr Phelan.

TOTALITY OF EVIDENCE

Barrister for the accused, Pádraig de Búrca BL, argued that the witness did not provide any evidence of criminal damage, which his client was accused of.

Inspector White responded and said it was outlined in the threats made to Mr Phelan.

However, Judge Elizabeth MacGrath said that she was satisfied with the “totality of evidence”.

Taking the Section 3 Criminal Damage - threat to damage property into consideration, she convicted the defendant of harassment.

As the defendant was not present in court, the judge issued a bench warrant.

ASSAULT

The court also heard evidence from Mrs Anne Phelan on a charge of assault.

Mrs Phelan said that on June 12, 2021, she was walking the family dog, and as she passed the defendant’s fence, he spat on her. She said their dog had just had surgery, and she was frightened that the defendant would scare the family pet.

She said neither she nor he said anything afterwards. She did, however, contact the gardaí. The investigating garda told the court he spoke to Mrs Phelan about this incident in September after the defendant was arrested for a separate offence.

In her victim impact statement, Mrs Phelan said the incident still affects her.

“I live in fear. Even to this day, if I hear a noise,” said Mrs Phelan.

Judge MacGrath said she was satisfied with Mrs Phelan’s evidence and would convict the defendant of assault.