Ex-Garda loses appeal over harrassment conviction

A FORMER Garda detective sergeant, found guilty of harassing a State solicitor by sending abusive letters and emails, has lost a Supreme Court appeal to have her conviction overturned.

The appeal focused on the legal definition of harassment, by Eve Doherty against Elizabeth Howlin.

Ms Doherty, who is in her early 50s and from Blackglen Road, Sandyford, Co. Dublin, had denied the charge but was given a three-year sentence, which was later suspended by the Court of Appeal after she had served 20-months behind bars.

She was found to have harassed Ms Howlin between September 2011 and March 2013.

Judge Peter Charleton said Ms Howlin’s ex-husband had been in a relationship with Ms Doherty, adding that the accused’s ire appeared to have been raised when a police search took place of a family home in the local area, but no case was ever taken to court.

‘The accused began to imagine that the victim had somehow stymied what to her was considered an obvious case to be brought before the criminal courts,’ he said.

The judge said Ms Doherty’s campaign involved one letter directly to the victim, posting leaflets in the neighbourhood and sending emails to the agencies in the justice system and to journalists. These emails were routed secretly by pseudonyms through a Canadian site.

Her identity was discovered and she was later suspended from An Garda Síochána.

Ms Doherty had argued before the Supreme Court that the prosecution had opted to describe the form of harassment in terms of besetting or of communication.

She said that besetting required a physical watching or some kind of watchfully menacing presence. Since no such thing had occurred, the case must fail, she argued.

She also argued that leafleting or emailing other people did not constitute harassment.

Judge Charleton said Ms Howlin would have seen the leaflets, and the emails were intended to undermine her life. He said the conviction should stand.