A 34-year-old man who denied making over 100 silent phone calls to a woman in the space of one month has been found guilty of harassment.

David Kerr, from Grogey Road, Fivemiletown denied pursuing a course of conduct that amounted to harassment of a woman on dates between January 20 and February 18, 2014. He appeared at Dungannon Magistrates Court on Monday contesting the charge against him.

However, after listening to evidence from the injured party and Kerr, District Judge John Meehan said he had “no doubt” that Kerr had made the phone calls. District Judge Meehan stated: “That behaviour – over 100 calls over that period of time – does constitute harassment and he will be sentenced accordingly.”

Prosecuting barrister Simon Reid read a statement given to the police by the woman in February 2014.

“On Monday 10 February 2014 I was in the kitchen ... in Fivemiletown. I saw a Land Rover and I recognised it to be David Kerr, that’s because I’ve had previous incidents with David Kerr,” the statement said. “He pulled into the Co-Op and got out of the car. He looked towards the house and I know he saw me.

“ I was still in my kitchen when he came out of the shop and he drove slowly past the house. He was looking up at the house and that made me feel intimidated and worried. He knows where I live due to previous incidents which have been reported to police,” the statement continued. “I then began receiving unknown calls to my business, which are diverted to a mobile phone when the business is closed.

“The first time I contacted police was in September 2012. I had been getting abuse since June 2012. I don’t know when it will end. I want it all to stop,” the woman’s statement said.

The court heard that, in 2012, Kerr was served with a Police Information Notice (PIN) in relation to incidents involving the woman. A PIN is given to people by police when allegations of harassment were made.

Mr. Reid asked the woman how she came to know David Kerr. She replied that he was a customer of her business.

Kerr’s defence barrister Blaine Nugent told the woman that Kerr was interviewed numerous times after the incident and couldn’t remember if he had been in the store on such a specific date and “doesn’t accept that he drove slowly”. She said: “It was very apparent that he saw me and was letting me know he knew where I lived.”

Constable Andrew Russell showed the court CCTV footage of a man matching Kerr’s description buying a Vodafone mobile top up from the Co-Op just before 6pm on February 10.

The Constable read his interviews with Kerr following his arrest on April 4, 2014 to the court. During interview Kerr said he had no mobile phone due to his phone being seized during a previous investigation and he used his father’s phone.

He said he sometimes bought mobile top ups for his mother and he may have bought top ups for three local men from the Fivemiletown area.

He said he cannot be sure the CCTV shows him because the image is not clear. He denied making three silent phone calls to the woman from that number on February 10. He denied making a total of 119 silent phone calls from that number to the woman between January 21 and February 18.

The statements of the three men who Kerr alleged to have bought mobile top ups for were read to the court.

Two of the men who are Kerr’s neighbours stated that Kerr had never bought a mobile phone top-up for them.

One of the men said Kerr had bought him a mobile top-up two months before the incident and he had used the credit that day.

Under cross examination by Mr. Reid, Kerr said the 2012 PIN “was forced on me.” He said he didn’t read it “because I can’t read or write” and claimed that no-one had explained it to him.

Asked if it was him in the CCTV, Kerr said: “I don’t know, it’s not a clear picture.”

Asked if he had a clear memory of that day, he said: “No.” Asked how he knew where the woman lived, he replied: “I just knew; I just knew it for a long time. That used to be her granny’s house.”

Asked if he has any emotional issues with the woman, Kerr said: “I don’t understand emotional. We fell out. It’s done and dusted.”

Asked how he felt towards her in 2014, Kerr said: “Nothing at all.”

District Judge John Meehan said: “It was indeed Mr. Kerr who was in the store, bought the mobile phone top up and made the calls.”

Kerr will be sentenced on September 21, pending a pre-sentence report. An interim restraining order has been placed on Kerr until sentencing which states that he must not “harass, pester or annoy” the injured party of have any contact with her.