A Waterford Garda sergeant was invited to make a public apology to his neighbours at Waterford Circuit Civil Court yesterday after it was claimed he had them under surveillance with a concealed camera for the past four years.
Sgt Humphrey O'Leary, who was stationed at Waterford Garda station and resides at Ballinakill Crescent in the city, was asked to make the apology at the conclusion of a civil action brought by Martin and Nora Barrett, of Ballinakill Crescent, who claimed an invasion of privacy.
The plaintiffs, however, along with a large group of neighbours who packed into the courtroom, were urged to "return to peace" for the sake of themselves and their children.
A mother of five, Mrs Nora Barrett told how for the past four years she felt constantly under threat and had lost two stone in weight because of the surveillance. She had lost the use of her three front rooms and could not let her children use them because she always felt that the camera was watching them.
Mrs Barrett maintained that the surveillance, together with the installation of three very bright lights which shone directly on to her house every time someone came near it, began after she held a Tupperware party four years ago and did not invite the sergeant's wife.
The action was contested by the O'Learys, although Sgt O'Leary admitted that on March 5th, 1997, he did make a video lasting four or five minutes of Mr Barrett and his children as they left their home. The video was shown to Inspector Tom Duggan at Waterford Garda station as alleged evidence of how Sgt O'Leary and his family were being intimidated by the plaintiff. Part of the video showed Mrs Barrett in her dressing gown inside and outside of their home on the morning of March 5th.
However, after viewing the video, Judge Pat McCartan held that there was nothing intimidatory in it.
Following the ruling in favour of the plaintiff, Sgt O'Leary agreed to the judge's request and apologised to the Barretts for any hurt or distress caused by his filming.
The judge ordered that the camera be removed from the defendant's house and prohibited him from filming of any kind in the neighbourhood. No compensation was sought or awarded in the case.
"This is a very sad day," Judge McCartan commented. "There are no winners or losers here and no one can walk away from this court with any kind of triumphalism."