Developer who ordered woman to leave house avoids prison

A developer, who gave a woman 10 days to leave the home he wanted to acquire for his property portfolio, was given an 11-month suspended sentence at Galway District Court.

Judge Mary Fahy expressed a fear that the defendant would do the same again. And, while she could not impose a penalty to prevent this, his intimidating actions had to be marked appropriately.

“If it happens again, I’d recommend it be dealt with on indictment (Circuit Court), as it’s so serious,” she warned.

John O’Halloran (29), with addresses at Pier Road, Seapoint, Barna, and St Anthony’s Terrace, Bohermore, previously pleaded guilty to trespassing on the home of an elderly woman on Fr Griffin Road nearly a year ago. A further charge of criminal damage was withdrawn by the State, in view of the plea.

The court heard that he entered the house on May 11 – the lone female occupant was woken up by a noise, and came downstairs to find the stranger in her hallway.

He told her to vacate the property within 10 days because he wanted to buy it, and he then took two letters addressed to her.

Garda Clare Burke subsequently spoke to O’Halloran, who admitted he had been there.

Judge Fahy asked why the accused had picked that particular house, to which the defendant’s solicitor, Olivia Traynor, replied that it looked unoccupied.

Ms Traynor said the Land Registry had told her client that the house belonged to someone else who had passed away, but he now realised that was not the case. She further explained that he had taken the letters as he wanted to find out the name and address of the occupant.

“He has built up a property portfolio and he thought he could buy the house,” she added.

The court heard that O’Halloran had nine previous convictions, among them for assault and Public Order offences.

“I’m sitting on the bench for 23 years, and I’ve never heard of such an outrage,” Judge Fahy said.

“There is no logical explanation why a person building up a property portfolio would do something like this.”

O’Halloran expressed his remorse, but the injured party was not inclined to accept it.

“It’s an absolute mistake and I tried to take shortcuts. I can’t tell this lady how much I’m sorry,” he said.

The woman replied: “And I can’t tell you how much I don’t believe you.”

The defendant offered €1,250 in compensation, which the injured party accepted on the basis that she could also take a civil case against him.

The Judge adjourned the matter for a further €500 in compensation and a Garda behavioural report.

He was warned that a custodial sentence would likely be imposed if this was not good.

Conditions of bail were also imposed on O’Halloran in the meantime, that he stay away from the woman, her home, and from the entire Fr. Griffin Road area.

When the matter was called again on Wednesday, Judge Fahy remarked that it had been a “most unusual case”.

She proceeded to impose an 11-month sentence, suspended for two years on the condition that he does not re-offend in that time, and continues to observe the conditions of bail.

“If he wants to buy property he must approach a person in the normal way or check the websites of whatever properties are genuinely for sale, and not intimidate anyone out of their house,” she said.