Garda guilty of stealing underwear, harassment

A garda who stole a woman's underwear and posted fliers advertising lewd acts by her in various inner-city phone booths received a three-year suspended jail term at the Circuit Criminal Court in Waterford yesterday.

Anthony Fennelly (39), Moonvoy Bridge, Tramore, was found guilty of harassment on and between November 12th and 15th, 2003, and of the theft of underwear on September 16th of the same year.

It is understood that Fennelly, suspended from duty with the Traffic Corps since December 2003, will lose his job as a result.

During the trial, the jury heard how, in December 2001, father of two Garda Anthony Fennelly and his then pregnant wife Shirley attended a meal with her work colleagues at the Jade Palace restaurant in Waterford city.

The man made unwanted advances towards Amanda Cox (28), who had been living in Rathfadden Park in Waterford city at that time.

However, she rebuked him and he apologised for his actions in the days that followed, sending her flowers.

Fennelly was told to forget the matter by Ms Cox, who was then working with his wife.

Tom Teehan, prosecuting, told the court how, on September 16th, 2003, a garda called to a neighbour of Ms Cox, claiming to be responding to reports of an intruder in Ms Cox's house. Ms Cox was not at home at the time.

She later learned that the garda had jumped over the wall into her back garden, where a number of items of underwear were stolen.

However, it is understood Ms Cox, absent from yesterday's sentencing, did not immediately realise the garments were missing.

Ms Cox was then woken by numerous phone calls on the evening of November 13th and early hours of the 14th, 2003. She learned that flyers falsely advertising her as prostitute "Mandy Cocks" had been placed in a number of phone booths around the city.

Material similar to that distributed in the phone booths was found in a photocopying machine at Waterford Garda station.

Det Sgt Michael Wall, giving evidence of a technical examination at the trial in February, identified the fingerprints on the flyers as belonging to Garda Anthony Fennelly.

It emerged that at that time Fennelly was being treated for depression.

Counsel for Fennelly, John O'Kelly SC, yesterday said the defendant had "paid a terrible price" for his crimes. "These types of offences attract almost disproportionate attention when compared to terrible acts of violence," he said.

However, Judge Alice Doyle said she had "heard not one word of remorse" from Fennelly after his "depraved behaviour", which warranted a long term of imprisonment.

Fennelly was bound over to keep the peace for five years and not go within 100 yards of any place Ms Cox works, lives or frequents.

Judge Doyle added: "It is untenable that a person committing acts such as these should hold a position in the Garda Síochána."

No disciplinary procedures have yet been taken against Fennelly by An Garda Síochána, and he had no previous convictions.