A Mayo man has avoided a jail sentence for sending malicious cards to a couple in the wake of the murder of Joe Deacy in Swinford eight years ago.
Brendan Rowland (30), pleaded guilty to one count of harassment between December 2018 and December 2019, when he sent 14 greeting cards to Mr Peter and Anne Byrne of Gortnasillagh, Swinford.
The harassment campaign followed the murder of Mr Deacy (21) of St Albans, England, who was found unconscious in the Byrne’s driveway in Mayo on the morning of August 12, 2017.
Mr Deacy died the following day from his injuries.
Passing sentence today/yesterday (FRIDAY – October 17th) at Castlebar Circuit Criminal Court, Judge Eoin Garavan said there had been an ‘orchestrated and malevolent campaign’ of harassment against the Byrnes.
The judge pointed out that while a total of 40 sinister cards were sent to the Byrnes, forensic evidence showed only 14 of these cards were attributed to Rowland.
‘There was certainly a malevolent and sinister campaign adopted by Rowland and I suspect others. The entirety of this campaign cannot rest only with the accused,’ said Judge Garavan.
Among the cards received by the Byrnes were seven Mothers’ Day cards, Christmas cards and a black rose on their wedding anniversary.
The court heard that one of the cards read ‘Have you found your conscience yet?’ and was signed ‘Joey’.
‘It was a nasty offence of significant duration which must really have mentally tortured the Byrne family,’ said Judge Garavan.
He said Rowland got his parents involved as both were instrumental in sending the post, unwittingly, and had no idea what the contents were until his mother found out and was ashamed and shocked.
‘His parents certainly understand the difference between right and wrong,’ said the judge.
The court heard that Mrs Anne Byrne felt unsafe in her own home and was afraid opening envelopes, while her husband Peter felt intimidated by what he described as ‘malice’.
Judge Garavan said Mr Byrne had spoken about finding Joey’s body, doing CPR and had said he felt he couldn’t have done any more.
Rowland has 11 previous convictions in the UK including public order offences.
The judge set a headline sentence of two years and six months because of the duration, secrecy, malevolence and sinister nature of the offence, together with its effect on the victims.
This was reduced to an 18-month sentence, suspended in full for two years, on foot of mitigation including Rowland’s guilty plea, admissions and low risk of reoffending.
‘He is apologetic and shameful; he has done a mental health first aid course and he has led a trouble-free existence since this offence,’ said the judge.
Judge Garavan said that Rowland, a native of Ballycroy, Co Mayo but now with an address at Shenley Road, Borehamwood, near London, had done significant charity work, raising money for sick children and for Pieta House.
Rowland has recently been made site foreman in his construction job, the court heard.
‘He is a man generally of good character, perhaps flawed character,’ said the judge of Rowland, adding that a lot of people from his work and voluntary endeavours speak highly of him.
Rowland was ordered not to approach the Byrne’s residence or to within 500m of either one of the Byrnes for the next ten years.
The judge made it a further condition that if Rowland gets into trouble either in Ireland or the UK, he would be liable to be called up to serve all or part of his sentence.
Judge Garavan said it was sad that the tragic memory of Joe, a fine young man and a good footballer, whom the good people of Swinford had very much taken to their hearts, should be caught up in this case.
‘I hope that this unfortunate chapter that followed his death is at an end,’ added the judge.
He said that whatever march goes on to commemorate Joe Deacy should not take place near Byrnes’ house, notwithstanding that that was where his body was found.
‘I would regard that as intimidating,’ said the judge.
Laura Byrne BL, defending Rowland, told the court that a bench had been erected at St Alban’s GAA in the UK in memory of Joe Deacy.
She added that Rowland was undertaking the Sea 2 Summit challenge next month to raise money for the Mayo Roscommon Hospice.