Having previously been refused bail due to a risk of reoffending, a County Tyrone man who became one of the first to be charged under the new Protection from Stalking Act Northern Ireland 2022, has been released from custody on strict conditions.
One of those conditions means he is not allowed to enter Fermanagh.
Richard Thomas McFarland (45) of Corickbeg Road, Plumbridge initially appeared in court last month where a defence solicitor conceded: “He is infatuated with the woman and the messages to her were amorous in nature.”
McFarland is accused of engaging in a course of conduct amounting to stalking the female which caused her to suffer fear, alarm or substantial distress between June 5 and July 6.
The female is protected from identification by court order.
When first charged, a detective constable explained the injured party contacted police to report McFarland had been sending her messages through a Facebook account and she recognised his profile image due to ongoing harassing behaviour stretching back over a year.
This led to her obtaining a Restraining Order against him.
Despite this, she reported receiving further messages consisting of “love you” and “will you marry me”, none of which she answered.
Prior to this, she reported him attending her home address uninvited after which police warned him not to contact her again.
Undeterred, he continued to contact the injured party on social media, creating various accounts, sending pestering messages which included “keep safe in my arms - please contact me", said the detective.
At one stage she was blocking six to seven accounts daily.
She became very insecure in her own home, investing in CCTV and additional security measures.
When she declined to engage, McFarland began contacting her family, including her mother, causing further distress, the court was told.
He was arrested and initially denied sending the messages, insisting he understood the terms of the Restraining Order.
Police then showed him screenshots of the messages and he admitted creating the account but continued to deny sending anything to the injured party.
A search of his home uncovered two internet-enabled mobile phones, possession of which breached existing terms of bail for similar matters involving the same female.
Objecting to bail the detective said McFarland “appears to have an obsession with the female and police are concerned by his continuous behaviour in creating new social media accounts to contact her".
The defence accepted his client is “infatuated with the woman and the messages to her were amorous in nature. He has sought help from his GP and is soon to start six sessions of counselling. He has advised me he has no intention of engaging in this behaviour toward the injured party again".
Bail was refused as the presiding judge felt: “No matter what conditions which could be put in place, I’m not satisfied it would be sufficient to prevent offending. The injured party must also be protected.”
A second application was mounted today (Thursday) at Strabane Magistrates Court where the defence pointed out McFarland has served the maximum term which could be imposed, while on remand.
Police did not object to release but set out a number of strict conditions, including a ban on possessing or accessing any internet-capable device and social media accounts must not be accessed or created.
McFarland must not contact the female by any means and is prohibited from entering County Fermanagh.
The case will be mentioned again next month
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