A 36-year-old woman has been given a three year Probation Order, and placed under a Restraining Order for 10 years for a campaign of harassment against her father-in-law.
The case was kept under a Reporting Restriction for over four years without merit, despite being highlighted by Press on a number of occasions.
Removing it today Judge Brain Sherrard QC stated the imposition of Reporting Restrictions when not entirely justified or necessary is: “Contrary to the interests of justice”.
Josephine Moore (36) of Boho Road, Enniskillen first appeared before Strabane Magistrates Court in 2017, when the Reporting Restriction was imposed.
On transfer for trial to Crown Court in 2018 it was reimposed, even though Press pointed to concern, as enquiries established there was no express reasoning for the order.
It has since transpired neither the prosecution nor defence sought this, rather: “The judge took it upon himself to impose the order.”
At sentencing today (Friday) before Dungannon Crown Court, Judge Sherrard removed the order in full, following additional Press representations.
Moore initially denied the multiple offences of sending threatening letters, texts, and Facebook messages to her father-in-law, which then impacted on the rest of the family.
A trial began last November but was halted on the second day after the Public Prosecution Service agreed to combine all matters into a single count of harassment on various dates between October 24, 2016 and May 24, 2017.
Moore accepted this and while Judge Sherrard adjourned for pre-sentence reports, Press enquired if he would now remove the restriction.
He refused but agreed to revisit this at sentencing.
Further representations were made to the Lord Chief Justice around the validity of the order, but it could not be interfered with until ruled upon by the Judge.
In respect of offending, a defence barrister expressed Moore’s: “Sincere regret and apologies for the suffering caused.”
He pointed out she has been diagnosed as suffering from a number of mental health issues and while these: “Cannot of themselves be considered as the reason for the conduct, may have acted to disinhibit her.”
Judge Sherrard told Moore: “You undertook a campaign of harassment against your father-in-law, not least through a series of very sinister and threatening letters. This activity was grave in any circumstances but more so as the victim was a prominent person in the justice community. It went beyond him and touched all members of the family.
"This was an unbelievable and bizarre situation. The family themselves are struggling to absorb the enormity of what took place, and the fact these incidents, which caused so much distress, anxiety and hurt, were all carried out by somebody within the family circle. The impact is immeasurable.”
He continued: “The principal victim felt fear for himself and others close to him and this impacted on family life. He felt a sense of threat to his well-being, causing him to be suspicious of others. Your actions had implications for his physical health and mental well-being.”
Moore was handed a three year Probation Order, and placed under a Restraining Order for 10 years, which Judge Sherrard ruled is: “Proportionate and necessary to offer reassurance to the victims and community.”
Turning to the Reporting Restriction, counsel for both prosecution and defence agreed there was never any basis for the order.
Removing this, Judge Sherrard remarked: “I make this observation. The court will generally feel it is contrary to the interests of justice for Reporting Restrictions to be put in place when not entirely justified or necessary.”
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