Kerry man harassed and threatened to kill man who gave evidence against his wife (2024)

Judge Ronan Munro, in summing up the case during a sentence hearing this week, said that Andrew Stephenson of Upper Tullig, Killorglin, had harassed Shane Buckley over a complaint he made about Mr Stephenson's wife’s driving and who ultimately received a conviction for driving with excess alcohol.

A district court appeal was due to be heard and Mr Stephenson threatened Mr Buckley and his family, the court was told.

Judge Munro said Mr Buckley was doing his civic duty in keeping the road safe but Mr Stephenson’s threats were designed to prevent Mr Buckley from giving evidence against his wife.

The judge said he recognised that Mr Stephenson was doing this to support his wife but she was going through the criminal justice process and there was no reason to pervert the court of this justice.

The harassment continued despite gardaí urging Mr Stephenson to stop. Judge Munro said any indication this was a prank gone wrong was dispelled by the actions of gardaí.

The court heard Mr Stephenson continued his campaign against Mr Buckley, making 15 more calls to him after gardaí had warned him.

The court further heard that Mr Stephenson posted videos, including videos of torture, and though they were not sent directly to Mr Buckley, they were used to “instil fear”.

"It was nasty that someone had the mind to do this to another human being,” said Judge Munro as he relayed the facts of the case.

He said it was worth noting that Mr Stephenson was arrested and that the district court appeal did go ahead and Mr Buckley gave evidence. It was noted that Mr Stephenson was given a chance to stop but he continued and this was “disturbing”.

He said Mr Stephenson was putting it up to the gardaí that he was going to do it again and he didn’t care if they were told and this was one of the aggravating factors in this case.

Arising out of the harassment campaign, Mr Stephenson (49) was charged with a threat to kill on February 8, 2020 and with harassment of Mr Buckley between February 8 and 14, 2020.

Judge Munro said a custodial sentence is warranted in this case but mitigating factors included the fact that the texts had his name on them, therefore Mr Stephenson didn't care it was known to be him sending the messages.

Mr Stephenson has also gone to anger management and made a significant contribution to St John's ambulance service which is the profession of the injured party. He said another €5,000 was also made available.

The judge noted there was no victim impact statement but this did not mean there was no impact, it meant that the injured party wanted to put matters behind him.

He noted Mr Stephenson is 49 years of age with no previous convictions and handed down a two year sentence on both counts which would be reduced to 18 months and, with reluctance, he would suspend all the sentence.

This was suspended on the condition that he does not come within 100 metres of Shane Buckley or his family without lawful reason for seven years and not to send any threatening messages any electronically or via posting on the internet.

"Hopefully those days are gone,” Judge Munro added.

He noted that €10,000 had been paid and a sum of €2,000 was to be paid to Mr Buckley in lieu of a fine and it was up to him to decide what to do with it.

Judge Munroe also put in place a court order that Mr Stephenson would not come within 100 metres of Mr Buckley or his residence for life and said any breach of this in itself is an offence and separate to breaching the suspended sentence.

"I don't want a fall-out from this, I am conscious this is a small town,” said Judge Munro, adding: "If you are in the pub at Christmas and Mr Buckley is there you must leave”.

He said Mr Stephenson had been given a chance but he warned that if he breaks any of the two court orders and their conditions he would be before court again.