A County Derry man who hid baby monitors under a bed and sofa in his ex-wife's home without her knowledge has been convicted of stalking.
Kevin O'Hara, of Dunlade Road in Greysteel, was found guilty of stalking on dates between April and May this year when he appeared before Limavady Magistrates Court this morning.
The court heard that 64 year-old O'Hara first came to police attention on April 20 after a resident living in the Ballyquin Road area of Limavady expressed concern about a suspicious vehicle which had been seen in the area on four consecutive days.
The caller said that a red Nissan had been parking up at the entrance to the former Gorteen House Hotel and had remained there for long time on each day.
When police officers attended the area four hours later, the vehicle was still parked in the same spot.
Police spoke to the driver of the car who identified himself as O'Hara and when they asked him why he was parked there, he stated that he was out for a walk.
Officers noticed that there was a pair of binoculars in the front passenger seat of the vehicle, which O'Hara claimed were for bird watching.
A baby monitor receiver and baby unit were sitting in the back seat of the vehicle and when asked why he had these, O'Hara claimed that they belonged to his son and were faulty so he was returning them to the store that they were purchased from.
On a different date, police received another phone call from the original caller who stated that O'Hara was parked in the area again.
Police attended and spoke to O'Hara who claimed that he had difficulty sleeping and had decided to take a drive.
Officers discovered that O'Hara's ex-wife lived a short distance from where he was parked and when they asked him if he was watching his former partner, he denied it and stated that they were 'on good terms'.
It was noted that O'Hara had a 'clear and unobstructed view' of his ex-wife's home from where he was parked.
Officers spoke to the defendant's wife and she said that she was not aware of him watching her and did not know why he would have binoculars or a baby monitor in his car.
On a later date, police were patrolling the same area when they observed O'Hara's car parked up in a car park outside a shop.
O'Hara was spotted walking out of a nearby alleyway before getting into his vehicle, however police signalled for him to stop.
He was arrested on suspicion of stalking after officers discovered a battery charging pack connected to two baby monitors and a pair of binoculars in his coat pocket.
Police attended O'Hara's ex-wife's home and asked for her permission to search the property.
During the search, officers located a baby monitor below the woman's bed and a second one beneath a sofa in her kitchen.
The woman stated that she did not know the monitors were there and she said she did not give anyone permission to place them there.
O'Hara's solicitor Derwin Harvey read a pre-written statement to the court which he said his client had given to police following his arrest.
In the statement, O'Hara said that he was 'worried' about his wife as she lived alone. He stated that he would occasionally attend her home to make sure she was ok, adding that there was 'no sinister intent whatsoever'.
Mr Harvey said that there was an 'excellent' pre-sentence report before the court and stated that it was a 'blessing' that O'Hara's ex-wife had no idea that she was being stalked.
He added that O'Hara's ex-wife had made it clear that throughout the 27 years of their marriage there was no domestic violence involved.
Addressing O'Hara, District Judge Peter King said that 'a degree of planning and a degree of thought' went into the placing of the monitors.
He said it was 'whilst amateur, a carefully planned campaign to eavesdrop on the victim'.
“This is unwelcome, unwarranted and unnecessary and it has to stop,” Judge King told him.
O'Hara was sentenced to a combination order of 12 months' probation and 60 hours community service.
He was also ordered not to have any contact, directly, indirectly or via a third party, with his ex-wife and is not allowed within a 250 metre radius of her home.
The order was made for three years.
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