Four witnesses in a case against a man charged with alleged harassment have been granted permission to give their evidence via video link instead of in person at court.

Bernard McGovern (26), of Springtown Road, Kinawley is facing three charges of breaching an injunction prohibiting harassment and two counts of harassment with a contest due on May 3.

He denies the charges.

It is alleged on May 20 and 24, 2019 McGovern made cuckoo noises at Mrs. Bronagh Lunney and Mr. Kevin Lunney respectively breaching an injunction prohibiting harassment.

He is also alleged to have harassed Mrs. Rita Lunney on dates between January 20, 2019, and February 6, 2019, by driving slowly past her vehicle, staring at her in an intimidating manner while shaking his fists at her. He then allegedly gestured with two fingers in an offensive manner while sounding the horn before driving off.

McGovern is also accused of flashing his lights at Mrs. Rita Lunney and again shaking his fists while driving past her.

Then on dates between February 16, 2019, and March 2, 2019, McGovern is alleged to have drove his vehicle towards Mrs. Peter Lunney on Doon Road flashing his lights and sounding the horn on multiple occasion as well as shaking his fists in a threatening manner.

On another occasion it is alleged he drove his vehicle to within one foot of Mr. Peter Lunney’s vehicle preventing him from moving off and stared at him in an aggressive and intimidating manner. On a third occasion McGovern is alleged to have accelerated towards Mr. Peter Lunney’s vehicle before swerving away and shaking his fists in an intimidating manner.

A final charge of breaching an injunction prohibiting harassment against McGovern stated he was on Stragowna Road, Kinawley on June 27, 2019, which he was prohibited from doing.

Distress

During the hearing on Monday a Public Prosecution Service barrister made the application for Mr. Kevin Lunney and his wife Bronagh, and Mr. Peter Lunney and his wife Rita to give their evidence via video link as they were in fear and distress about giving evidence in court and this in turn may diminish the evidence they were giving.

They pointed out that Mr. Kevin Lunney had been the victim of a serious assault by McGovern which he received a custoidal sentence for and was only recently released.

The barrister also said he had received a number of threatening messages from different sources over the last couple of years.

Continuing they said a restraining order was in place against McGovern’s father and they anticipated he would be in court to support his son and Mr. Kevin Lunney had serious concerns about his ability to attend court and give evidence.

For Mr. Peter Lunney they said he was anxious about giving evidence and fear it would aggravate a health condition. For Mrs. Rita Lunney, the barrister said she had been having panic attacks about the upcoming contest and giving evidence and had attended her GP for stress while Mrs. Bronagh Lunney was in fear and distress in giving evidence in the routine way.

No medical evidence

The barrister added while there was no medical evidence for Mrs. Bronagh Lunney this was not a bar for dismissing the application.

The prosecution also submitted there was fear from Mr. Peter and Mrs. Rita Lunney that they could be “intercepted” on their way to court.

McGovern’s barrister argued that the quality of evidence would not be diminished over fear and distress. He said the witnesses only made their statements about being in fear and distress on March 6 and 7 respectively and that the court will regulate the contest to “protect and safeguard” the rights of the witnesses attending.

McGovern’s barrister pointed out that his client and some of the witnesses live “cheek by jowl” and have seen each other in recent weeks with no incidents occurring.

He added that the level of examination of each witness would be limited during the contest.

After hearing from both sides, District Judge Alana McSorley said she was aware of the long-standing history between the parties and said: “In all circumstances I consider the applications are made out.”

Judge McSorley said it was likely the quality of evidence would be diminished if the witnesses attended court and she granted that they could give evidence via video link.

However, she ordered that an appropriate venue be found by the prosecution for the four witnesses to give evidence for the May 3 contest.