Legal Aid Board granted orders against man jailed for making threats

The Legal Aid Board was yesterday granted a number of court orders restraining a man from threatening, inflicting harm on or …

The Legal Aid Board was yesterday granted a number of court orders restraining a man from threatening, inflicting harm on or putting in fear any members of its staff.

The court heard that the man had been involved in family law proceedings and his wife had a permanent barring order against him. It was told that the man had threatened to kill his wife's solicitor.

Mr Justice O'Donovan was also told that, on one occasion, gardai had gone to the man's wife's home after they received a phone call from him. They went there because of "an apprehended intention" on the man's part to travel to his wife's home and shoot her and the children.

A solicitor employed by the board, in an affidavit, said that she had acted for the man's wife. She detailed several years' litigation between the couple and said a solicitor who had acted for the man at one stage withdrew because of his abusive conduct.

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She said she had received a threatening and abusive letter from the man on one occasion in which the man alleged the solicitor had been deliberately harming him and his children for two years. The man had also admitted making threatening calls to, and harassing, his previous legal aid solicitor.

The solicitor said abusive and threatening calls to a certain law centre began in May last year and were logged. A caller had told a member of staff to tell the solicitor involved he "will kill her".

On one day alone, 13 calls were received. They were abusive and also silent, involving heavy breathing. Further calls followed in June and July 1997. She said three calls had been traced to the home of the man's mother.

The solicitor said she had received information later last year that the man was threatening to burn down a law centre and was making specific threats against herself. Legal proceedings were initiated and the man pleaded guilty to one charge of making abusive nuisance calls and was sentenced to three months' imprisonment.

The man had said at that time that, after his release, he would come and get the solicitor and "kick my head in". He had also threatened to burn down her house. The man was jailed for a further three months with a recommendation that he receive psychiatric help. The solicitor said that the silent and abusive calls had ceased since the man was jailed.

She said that the man had a considerable history of violence and intimidation. He had caused serious difficulties at law centres some years ago and had assaulted a number of people. On one occasion he had arrived carrying a large piece of timber with a bolt protruding from it, which he had used to pound on the door. He got into the centre and had been arrested there.

The solicitor said she was "extremely apprehensive" that, on his release from prison, the man would do her an injury or seek to threaten and abuse her. She also feared that he would resume his telephone calls.

Mr Justice O'Donovan granted orders to the Legal Aid Board restraining the man or any persons acting in concert with him from menacing, threatening or putting in fear any of the board's employees, assaulting or injuring any of them, or attending, watching or besetting any of its premises.

He also granted orders restraining the man or his agents from harassing any officer of the board by persistently following, watching, pestering, besetting or communicating with them, from interfering with the liberty of any of the board's officers and from communicating with the named solicitor who acts for the man's wife.

The interlocutory orders apply until the full hearing of proceedings taken by the board against the man.

The court heard that the board's aim in the proceedings was to ensure that the man's conduct was not repeated on his release.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times