John McGrotty leaving Letterkenny courthouse after being barred from Donegal last month (North West Newspix)
A deaf man who pleaded guilty to harassing a doctor and his family has been told he must stay inside his own house if he sees them out in public.
John McGrotty, 65, had been banned from staying in Co Donegal for the past month after pleading guilty to 35 counts of harassment.
Dungloe District Court had heard how McGrotty made rude gestures to the McEniff family, their children, and threw rusty nails under the tyres of the family’s car.
He also appeared naked in front of Mrs McEniff.
Judge Paul Kelly previously told McGrotty to stay away from the family but he broke that order and was arrested and brought before Letterkenny District Court last month.
He was then ordered to stay with his daughter in Dublin and ordered to appear at Dungloe District Court.
McGrotty, of St Peter’s Terrace, Dungloe, who is deaf and speech impaired communicated to the court with the assistance of two sign language interpreters.
His solicitor Patsy Gallagher, asked the court to allow his client to come back to live in his home.
Dr Dara McEniff and wife Eimear leaving Letterkenny courthouse at a previous sitting (North West Newspix)
Judge Kelly heard how progress was being made with McGrotty following intervention from Mr Declan Boyle, the only social worker in the county who is qualified to work with speech and hearing impaired people.
A member of the DeafHearDeaf Mental Health Services, Mr Boyle gave lengthy evidence to the court about his involvement with McGrotty over recent weeks.
“We have discussed his interpretation of events and how things can move on from here. We have also arranged for him to meet with a Dr Defoe, a specialist psychotherapist from Belfast and that assessment is due to take place on June 28.”
Mr Boyle outlined that he has a number of concerns about the defendant living away from Donegal. These included the fact he has spoken of feeling depressed and the inability for him to fully engage with the support services that have now been put in place in Donegal on a regular basis.
He said that if McGrotty is allowed to return home he will meet with him on a weekly basis and become his first point of contact.
Judge Kelly said “I appreciate that there are difficulties under which he has to operate but the concern of the court is the interaction with the victim and his family. My concern is for the victim and how we can ensure McGrotty will comply with the order the court makes.”
Outlining her concerns to the court, victim, Ms Eimear McEniff said that she had a real fear of the defendant being allowed to return home.
She added that the accused was often naked inside his house and that herself and her family would have moved house if they had been able to afford it.
“I have no reason to believe that his behaviour has changed. This has been a living nightmare and his behaviour always escalates over the summer. Since he has been living in Dublin for the past four weeks we have a new found sense of freedom that we have never had before. It would be a great relief if he wasn’t in his house.
“I would greatly appreciate if you could allow us one summer of freedom. We cannot get to our house without passing his. He is always outside and if he is not then he is standing inside naked. If it was financially viable we would have moved long ago.”
Judge Kelly said that while he took on board Ms McEniff’s concerns, he could not “lock (him) up for life”.
“Even if the court imposes the maximum sentence of two years, sooner or later he will be back out. There has to be a starting point,” he said.
One of the conditions imposed by the court on the last occasion created boundaries within the town of Dungloe where the defendant was not allowed to be.
On the suggestion of Mr Boyle, the defendant along with gardai and the social worker walked the route that he has been allowed to take to ensure that he had full understanding of where he was and was not allowed to go. It had been imposed due to the close proximity between his home and the home of the injured parties.
Mr Gallagher appealed to Judge Kelly to allow his client to return home.
He said “We have a totally different situation since the intervention of Mr Boyle. My client now has more of an understanding of his actions and their consequences. There seems to be a road map that has been started here and it can only continue if he has access to the service in Donegal.”
Judge Kelly said he was grateful for the extensive evidence provided by Mr Boyle and his assistance in “ensuring a solution to this problem is embarked upon”.
“I need to be proportionate in the way I deal with him. I also note the eloquent plea from Mrs McEniff but I have to look at the justice of the situation on both sides. The defendant has no previous convictions, is awaiting sentence and complied with the order on the last occasion.
“He cannot make long term progress without regular engagement with the relevant mental health professionals and I feel it is appropriate to all him to return to Donegal subject to a number of conditions.”
The first condition was that McGrotty, under oath, give an undertaking to the court that he fully understands the implications of breaching the conditions imposed, namely that any breach would lead to him being taken into custody.
He has also been ordered not to commit and further offences, reside at his home, have no contact with witnesses for the prosecution or the McEniff family. He must also adhere to the boundaries which have been put in place as to where he can be and must re-enter his home if he sees any of the injured parties.
He must also engage with all relevant mental health professionals and gardai and comply with their recommendations.
The case is due back before the September sitting of Dungloe District Court.