Man guilty of harassment showed ‘obsession bordering on paranoia’
By Brendan Grehan
A “HOTLY contested case of entrenched warfare” saw a Lucan man convicted of harassing three of his neighbours on Wednesday in Blanchardstown District Court.
Thomas Kelly, who owns three houses in Weir View, Lucan, installed CCTV cameras pointing down at three of his neighbours’ houses.
Judge David McHugh heard that Thomas Kelly filmed one of his victims, Paul Lynam, masturbating on his back decking.
Kelly told the court that after he saw the film of Mr Lynam masturbating, he reported the incident to Tusla. He also wrote a letter to the then Minister For Justice, Frances Fitzgerald.
Kelly, aged 65, with an address at Weir View, Lucan, had pleaded not guilty to two counts of harassing Mr Lynam at Weir View, Lucan, on dates between July 1 and July 15, 2016.
He also pleaded not guilty to harassing John Mooney at another address at Weir View on a date between February 1, 2016 and February 12, 2016, and not guilty to harassing William Stapleton at another address at Weir View on a date between February 1 and February 12, 2016.
Garda Damien Reilly told Judge McHugh that on February 11, 2016, he assisted Detective-Inspector McDonnell with a search of three premises at Weir View owned by Kelly. He said, he saw two large 50” to 60” tvs in the living room of Kelly’s house. Garda Reilly said that one of the TVs was set to a normal channel and the other to a number of live CCTV feeds. He said that he went up the escarpment behind the house and found a camera covered in camouflage material. He said he took possession of a video hard drive and a usb key in Kelly’s house.
Garda Reilly added that on July 15, 2016, he again went to Kelly’s house where he saw the two TVs set up in the same way. He said another camera was found in the escarpment pointing down at the houses.
Mr Lynam said he had lived in Weir View for 15 years and that he had a funny feeling that he was being watched. He said there was a camera buried behind his house and pointed at his and two other houses. He added that he, Mr Mooney and Mr Stapleton went to the Garda station to report it.
Kelly’s counsel, Kitty Perle Bl, put it to Mr Lynam that he had been filmed “engaged in sexual activity” and she asked if the gardai had asked him about this. He said they hadn’t.
Mr Mooney said he lives in his house with his son (12) daughter (15) and his partner.
He said: “There has been a lot of anti-social behaviour. I have been subjected to stalking. I was being followed to my car. I felt that I was being filmed. I told Paul Lynam.”
He added: “Living there is a nightmare at the moment. I can’t articulate how I felt. I feel I’m being watched. The back of my house is in darkness. I can’t allow my young daughter to open the blinds at the back of the house in case we are being filmed”.
William Stapleton said he had lived in Weir View all his life. He said he was shocked when he discovered he and his family were being watched on cameras.
Detective-Inspector Richard McDonnell (now retired) said he had been the lead investigator. He said that on February 11, 2016, he carried out a search of the three houses in Weir View owned by Kelly.
Two of the houses are being renovated. He said he went into Kelly’s front room and saw two large TVs and one was showing a number of cctv feeds. Det-Insp McDonnell said a camera was found pointing down at the injured party’s houses.
Judge McHugh watched CCTV evidence on a laptop.
Ms Perle asked Judge McHugh for a direction for a dismissal on three grounds, but he dismissed her application.
Kelly told the court that he had lived in Weir View since 1980. He said in 2008 he purchased land at the back of Weir View from Shannon Homes. He said that Mr Lynam had installed decking at the back of his house and he said that this was his land.
Kelly said he installed the cameras to monitor his property.
He said: “I’m not interested in what’s going on in people’s houses”.
He said that when he saw the footage of Mr Lynam masturbating, he contacted Tusla. He said he later wrote a letter to the then Minister for Justice, Frances Fitzgerald, about it. Kelly said he felt it was a serious issue and he wanted to protect his grandchildren.
Ms Perle put to Kelly what Mr Mooney had accused him of.
Kelly said: “I haven’t a clue what he is talking about.” He claimed that there hadn’t been any problems up until 2008 when he purchased the land.
Ms Perle said it was “a hotly contested case of entrenched warfare”.
Judge McHugh said the case had started “as a land dispute of the worst kind” and he was satisfied that Kelly had harassed his three neighbours.
He said Kelly had shown “obsession bordering on paranoia”.
He remanded Kelly on bail to September 27 next to hear victim impact statements and for sentencing.
Ms Perle asked Judge McHugh to grant legal aid. She said legal aid had been granted on two of the charges. Judge McHugh noted that Kelly owned three houses in Weir View and wondered how he had been granted legal aid in the first place.
Ms Perle said a statement of means would have been proferred. Judge McHugh put the legal aid application to the September date.
