Donegal pensioner jailed for harrassment

A Donegal pensioner found guilty of harassment has been jailed for three and a half years after refusing to sign a bond that would have suspended the final 12 months of the sentence.

Tom Dignam, who had no legal representative, refused to engage with the court during a three-day trial in October, when a jury found him guilty on a unanimous verdict.

The case related to messages posted on Facebook about a man whose company was involved in a high-profile eviction in Roscommon in 2018.

Dignam posted the messages about Aidan Devlin, the Managing Director of Trinity Assets Management Services, a company that was involved in a case of a repossession at Falsk.

Dignam, a 72-year-old of Dooish, Ballybofey, was charged that between December 10, 2019 and November 2, 2020 that he harassed Mr Devlin persistently by communicating with him by posting messages on Facebook.

Mr Devlin’s company was involved after his company was hired by KBC Bank, who bought the 33-acre farm at Falsk, near Strokestown, from the receiver.

Farmer Michael Anthony McGann, who owned the farm, and his siblings David and Geraldine were removed from the property on foot of a possession order during highly-publicised and distressing scenes.

A number of security guards were attacked, and one hospitalised, when a group went in and retook the property. Dignam was not present during what was described as ‘a fractious couple of hours’.

Mr Devlin told the court that he had ‘serious concern’ for his safety after messages were posted publicly on Facebook by Dignam linking him to the eviction.

Tom Dignam 

Ms Patricia McLaughlin BL, Counsel for the State, said one of the messages had indicated that karma would prevail and another referred to Mr Devlin as the ‘Commander in chief’ of the eviction.

Mr Devlin said he was initially indifferent to the posts as he did not use Facebook, but alarm sounded when his family highlighted the contents.

In another post Dignam called Mr Devlin a ’scumbag who should be hounded at every opportunity’ and added that he was ‘scum of the earth’

“I felt very worried,” Mr Devlin said. “I considered it a direct threat to my own personal safety. I felt very disturbed. I interpreted it that violence against me or my family would visit my door.”

The case began with Dignam telling Judge John Aylmer: “I am a living man. You have no jurisdiction over a living man.”

Judge Aylmer told the accused: “We are all living, Mr Dignam; there is no-one dead here.”

Judge Aylmer informed Dignam that he would hold him in contempt of court if he spoke over him and warned that if the jury had to be discharged that he would place Dignam in custody.

Dignam told Judge Aylmer, “I don’t understand what you’re saying”. It was the first of 22 times during the course of the trial that Dignam indicated to Judge Aylmer that he did not ‘understand’.

Donegal Circuit Court Judge John Aylmer

At a previous sitting of the court, Dignam had raised his entitlement to a McKenzie friend - a layperson who may assist a litigant in court - with Judge Aylmer.

“I know from previous engagement that you are well able to understand and I will proceed on that basis,” Judge Aylmer said.

Dignam refused to stand up to be re-arraigned before the jury. Judge Aylmer said he was taking Dignam’s response as being a plea of not guilty.

On November 3, 2020, Mr Devlin visited Castlrea Garda Station and made a complaint. Detective Sergeant Shane Kileen told the court that he arrested Dignam on November 20, 2020 at 8.25am at his home.

Initially, Dignam made no reply when cautioned before telling Gardaí: “I am going against my will.”

Garda Sandra Kilcoyne gave evidence of being the member in charge at Letterkenny Garda Station regarding the detention of Dignam, who told the Garda that he wanted it noted that he was there ‘under duress’. Garda Kilcoyne agreed to the detention of Dignam.

During the interview, Dignam told Detective Sergeant Killeen and Detective Garda Brendan McGrath: “I do not consent to this. As a result I am under duress.”

When shown his Facebook profile, Dignam told the detectives that his profile picture was an image of himself and a Rottweiler called ‘Tyson’.

He said the use of social media networking regarding the Common Law Information Centre - of which he was the chairperson and PRO - was ‘usually to expose the frauds of the courts systems and the banks’. He would not provide a pin code to Gardaí for his iPad or iPhone.

Dignam confirmed that he had posted about Mr Devlin ‘so his neighbours and friends know what he is doing and to get onto him’.

Dignam declined to sign a copy of the interview transcript.

When asked by Judge Aylmer if he wanted to cross-examine Detective Sergeant Killeen, if he had any difficulty with the matter going to the jury, if he wished to give any evidence in his defence or if he wanted to make a closing speech, Dignam replied each time: “I don’t understand anything.”

After deliberating for one hour and 37 minutes, a jury of six women and five men returned a verdict of guilty.

Judge Aylmer ordered that Dignam have no communication with Mr Devlin, by any means whatsoever, and that he shall not approach within one kilometre of Mr Devlin’s places of employment or residence for the next ten years. Judge Aylmer warned Dignam that he would be guilty of an offence if he breached the order

A victim impact statement on behalf of Aidan Devlin was also read out in court with the victim saying that people can knowingly exploit social media with half truths and lies and there was a small and determined group who were willing to lend an ear to that.

He added that his life and that of his family had been profoundly impacted by Dignam's actions and that they still have worry and emotional distress saying everything has changed.

Dignam read out a short statement saying he was an innocent man and proceeded to walk out of the court before being brought back into the courtroom by prison officers and members of An Gardai Siochana on the instruction of Judge Aylmer.

He said Dignam's offence was 'quite nasty' and committed against an innocent man.

He said he placed the offence in the upper end of the mid-range and merited a sentence of four years before mitigation.

Judge Aylmer noted that Dignam had just one previous conviction and that was in 1972 for which he was jailed for four months at the Special Criminal Court for possession of explosives.

He said that although the accused did not engage with the court or the case, he knew that he was aged 72 years making a prison sentence all the more difficult.

Judge Aylmer reduced the sentence to one of three and a half years on mitigation and considering Mr Dignam's age he was prepared to suspend the final 12 months of that sentence if he entered a bond to keep the peace and be of good behaviour to all the people of Ireland.

Dignam refused to sign the bond and told Judge Aylmer: "I'm not signing anything. I'm not signing any bond because I'm innocent of the charge.

The court then discharged the full three-and-a-half year sentence.