Fermanagh man was anything but ‘cute and smart’, court told

Following a contest at Enniskillen Magistrates Court on Monday, John Doonan (51), with an address of Main Street, Fivemiletown was convicted of the breach with District Judge Steven Keown saying he was trying to be “cute and smart” but was anything but this “harassing someone at their wit’s end”.

Evidence

The injured party, Denise Foster, and her daughter, Emma Savage, gave evidence of the incident which led to the breach on August 12, 2022, in Fivemiletown.

They, along with another of the injured party’s daughters and who is also the daughter of Doonan, went to Beatty’s Spar shop on Main Street, Fivemiletown.

This was directly across the road from Doonan’s flat and as Miss Savage was coming back from the shop, she saw Doonan leaning out his window waving and smiling in their direction.

Ms. Foster told the court she had been in a relationship with Doonan for approximately six years and had one daughter before they split up.

She said she had to get a non-molestation order against Doonan due to his attempts to rekindle the relationship.

In her evidence, she said she waited in the car and was told by her daughter that Doonan was looking at them.

She drove away but due to the one-way traffic system of Fivemiletown she had to look back down towards Doonan’s flat and saw him still at the window waving and smiling.

Ms. Foster said she felt “weak” and “overwhelmed” and that the non-molestation, bail conditions and everything that was in place was “just being laughed at”.

She also told how later that evening she was informed of a sign put up by Doonan with the word “agape” which she felt was directed at her. She explained it meant “Godly love” and he had used it before in messages to her and was a “constant reminder that he feels God sanctioned our love”.

Miss Savage in her evidence said she could “feel eyes on me” and glanced up at Doonan’s flat seeing him hanging out the window “staring down at the car and me” and waving.

She felt “nervous” and “uncomfortable”.

During cross-examination by Doonan’s barrister, Steffan Rafferty, Ms Foster was questioned about why she did not go to other towns and villages for shopping when she knew Doonan lived directly opposite the shop she used.

She said Doonan’s car was not there and she was trying to carry on with her life.

When asked would it not have been sensible to not go to Fivemiletown, Ms Foster replied: “Would it not be sensible to not hang out and wave and smile...I have been sensible. John has not been sensible.”

Miss Savage during cross-examination said she glanced up because she knew eyes were on her but did not expect to see him there. She said his whole body was hanging out the window and was surprised he did not fall out.

She said she did not tell her mother to look up and did not believe she saw Doonan.

Clarified

However, it was clarified that when driving away and pulling out of the junction Ms. Foster would have seen Doonan at the window.

A detective constable told the court Doonan gave an account following his arrest that he was waving at his daughter in the car and was not trying to contact the injured party.

Doonan did not give evidence himself.

In their submissions to the court, the prosecution said the witnesses gave “creditable and believable” accounts and that the required inference needed to be taken from Doonan giving no evidence.

Mr. Rafferty said they were dealing with an alleged breach on August 12 and any satellite issues were not relevant to the breach committed on this particular day.

He said Doonan had been waving at his daughter and Miss Savage who said Doonan was a father figure to her; this was not an offence and the case was not proved beyond a reasonable doubt.

Judge Keown disagreed and said the actions of Doonan were clearly described by the witnesses and were consistent with each other and he had no hesitation in convicting.

The case was adjourned until December 5 for sentencing.

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