A NEWTOWNBUTLER man has been handed a suspended prison sentence after being found guilty of harassing a woman during a dispute over access to the lough, and ordered to pay her compensation.
Finbarr O’Keefe (55) of Main Street in the village was before Enniskillen Magistrates Court for sentencing, having previously been convicted of the charge after contest.
The court had accepted evidence – including video footage – that he had repeatedly harassed a woman by cycling onto her property and cycling around the forecourt of her home, while wearing a black beanie hat and dark glassed, recording video on his mobile phone, and driving past her home and stopping at her gate on two occasions.
The woman had recognised O’Keefe from previous protests outside her house, which was not included in the charges of harassment.
The court heard that during these incidents the woman feared what O’Keefe might do, and was “frozen in fear.”
Deputy District Judge Austin Kennedy noted that in his pre-sentence report with Probation Services O’Keefe had talked about how the woman had been blocking access to the lough, but said there had been no evidence of that during the contested hearing.
Defence barrister Ciaran Roddy said was “not necessarily” the woman herself, but people she was associated with, and that O’Keefe had “heard hearsay” but “wasn’t sure.” Judge Kennedy said it should not have been mentioned in the pre-sentence report.
The Public Prosecution Service (PPS) applied for a renewal of a restraining order that had already been in place. Mr Roddy questioned if this was needed as there had been no incidents between O’Keefe and the woman since the ones before the court.
The PPS also requested O’Keefe hand in his mobile phone to ensure video he recorded be deleted, which Mr Roddy also argued against.
Mr Roddy said father-of-three O’Keefe had no record for violence, with just two minor previous convictions “of some vintage.” He said he carried out work in the community, and handed in a reference on a defendant’s behalf.
Judge Kennedy said the incidents had been a frightening experience for the woman, noting by wearing the hat and glassed O’Keefe had been trying to disguise himself.
Judge Kennedy agreed to re-impose the restraining order for two years and ordered him to pay the woman £750 in compensation.
He also sentenced O’Keefe to three months in prison, noting he was suspending the sentence for two years due to his record in the community. Judge Kennedy also made a destruction order for any video on O’Keefe’s phone concerning the incidents.
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