Court grants order restraining neighbour from harassment
Phibsboro resident subjected to nuisance and intimidation for six years, court told
Martin O Donnell: allegedly threw urine and dog faeces around his neighbour’s house. Photograph: Courts Collins
Anthony Healy: claimed Mr O’Donnell had threatened to “kill him and put him in a body bag”. Photograph: Courts Collins
A judge in the Circuit Civil Court has granted a Dublin man a permanent injunction restraining a neighbour who allegedly threw urine and dog faeces around his house from harassing and intimidating him.
Judge Jacqueline Linnane also granted Anthony Healy injunctions restraining next-door neighbour Martin O’Donnell from entering or interfering with the use and enjoyment of his property, and from throwing objects, food and liquids on to his property.
Judge Linnane dismissed a counter-claim from Mr O’Donnell, who had entered a full defence to Mr Healy’s claim.
Barrister Conor Bowman had told the court that Mr Healy had been, over the past six years, the victim of a continuous campaign of nuisance and intimidation carried out against him and against his property, at Glengarriff Parade, off North Circular Road, Phibsboro, Dublin, by his neighbour, Mr O’Donnell.
Mr Bowman said Mr O’Donnell had thrown urine, chicken bones and skin and food scraps on a regular basis on the front door of Mr Healy’s house.
Mr Healy claimed that Mr O’Donnell would leave rubbish, porridge and dog faeces around his house, and then pour urine over them from a tetra pack carton.
He said Mr O’Donnell had trespassed on several occasions in his back garden.
Mr Healy, who is originally from England, said Mr O’Donnell was verbally abusive towards him, calling him an “English bastard”. He claimed Mr O’Donnell had also threatened to “kill him and put him in a body bag”.
The court heard Mr Healy’s car had been damaged so frequently that he was unable to park it on the street outside his home and had to pay for private parking elsewhere.
Mr Healy told the judge that Mr O’Donnell would also leave his radio at a high volume, bang on his bedroom wall and knock on his front door and window at night to keep him awake. The court heard Mr Healy had to wear earplugs.
Mr Healy said he inherited the property after his partner, Liz Toolan, had passed away in 2006.
He said he had been in grief after her death and had never done anything to upset Mr O’Donnell.
He claimed that Mr O’Donnell had before been engaged in a similar campaign against a previous neighbour.
“It seems to be his nature that he has to have a go at somebody,” Mr Healy told the court.