A woman who beamed a laser into the home of a neighbour during a dispute with them appeared at Trim District Court charged with assault. Gillian Kennedy (53), Marshallstown, Kilmessan was alleged to have carried out assaults at that location on 29th August last year. One charge related to assault on a Garda by jamming her arm in a window. She claimed in court that she was being “harassed day in, day out” but this was denied by her neighbours Tracey King and Brian McEntee.
The defendant claimed that her neighbours were in breach of their planning permission by not erect screening between theirs and her property. She said that the couple had been invading her privacy over eight years. She had put in CCTV and there was footage of trees being pulled out of the property. Tracey King told the court that she was at home when a green laser was shone into her house. The light came from Gillian Kennedy’s house and it hit her eyes. The witness said she had blurred vision for a few days afterwards. She had contacted the Gardai.
She did not see the defendant on the night and she felt the shining of the laser went on for about an hour. There were CCTV cameras on Ms
Kennedy’s house, one on the front corner and on the back of the house. Cross-examined by barrister Niall Gallagher for the defence she said there had been difficulty between Ms Kennedy and herself and her partner. She denied that they were required to put up a hedge between the two properties and denied harassing Ms Kennedy.
Ms King said that the accused had her house first and when she and her partner moved in relationship were good at the start and they helped each other out. However, when Covid started Ms Kennedy’s behaviour changed. When a fence was put in the accused cut it down, called the dog warden, claimed “data protection” and “made our life a misery”. The defendant had abused her father who is 75, Ms King said. She said the situation was “horrible”.
Ms King’s partner Brian McEntee said that ion the night in question a piercing green light came through the window of their house. The light had come from Gillian Kennedy’s property. In reply to Mr Gallagher he said that while he did not see who was shining the laser, he was sure of the direction it was coming from. He said that while there was a 10 feet high mound of earth between the two houses, this was topsoil. He said he could not go out to do any work on it because Ms Kennedy would come out shouting.
Detective Sergeant Brendan O’Toole said he went to the scene following a complaint about a laser being shone into Ms King and Mr McEntee’s property. He could see the laser being shone but when he approached Ms Kennedy’s property it stopped. Ms Kennedy came to a side window. She denied all knowledge of a laser. She appeared intoxicated. She was shouting about a boundary fence and planning permission. He and Garda Theresa Munnelly left the property and went to Ms King’s property where they found her “in a distressed state”.
While they were in the house a laser was being shone in. They returned to Ms Kennedy’s house. When they approached she shone a laser in
their direction. When Garda Munnelly put her arm in the window to get the laser the defendant closed the window injuring the Garda’s arm and she had to be taken to Navan hospital. When he was trying to free Garda Munnelly’s arm from the window he dropped his torch and he alleged Ms Kennedy hit him with it. Garda Munnelly described how defendant had pulled the window across and “slammed the window shut on my arm”.
The defendant said in evidence that part of the planning permission for the house next door to her was that a hedge or screening should be planted. The couple were “invading my property. She claimed they were “constantly harassing me, day in, day out”. She claimed the couple were recording her and were guilty of “harassing, stalking and coercive behaviour over eight years”. She denied shining a laser into their property and denied being intoxicated, saying that her eyes were bloodshot because she was upset. She said that she had a “pointer” in her hand, something you would use for presentations. She said that her life was “a living hell”. “It’s a modern day witchhunt by Tracey King and her family”, she said.
Judge Eirinn McKiernan said that there was no conflict of evidence in the case. Five witnesses – three
Gardai and Ms King and Mr McEntee – had given evidence of the laser being shone. She said that Ms King and Mr McEntee were two young people who were trying to step up in the world. Ms Kennedy’s behaviour was “totally unacceptable”. She was considering custody in the case.
She called an interval to allow Mr Gallagher speak to his client. When he returned to court he said his client wanted to apologise to everyone in the matter. “She is anxious to put this behind her and fully apologises”, he said. The judge put the case back to 13 th November for preparation of a probation report.
