Pensioner guilty of criminal damage

A pensioner who caused criminal damage to the property of a neighbour was warned by Judge Sean MacBride at Cavan District Court that if he persisted in his behaviour or threatened the injured parties in any way he would serve time in prison. Larry Cunningham (74), Renaghan, Abbeylara, was sentenced to six months imprisonment suspended for two years by Judge MacBride for causing criminal damage to the property of Michael and Carmel McBreen at Cloncovid, Kilcogy, on June 3, 2009. Charges of causing criminal damage on other dates were taken into account. Garda Kim Rogers told the court that Carmel McBreen made a statement claiming that on June 3 the defendant caused criminal damage to the amount of €35 when he cut two chains and a lock on her gate. She saw him with the lock-cutter and her lock lying on the ground. Mrs. McBreen also claimed the defendant caused €60 damage to a laurel hedge, and she saw him cut trees on their property. Garda Rogers said she took a cautioned statement from the defendant, who admitted cutting the laurel hedges over the summer and claimed the other trees were on his land. He admitted cutting the lock and chain and said that the whole hedge would have to come out as it was on his land. Witness said that Mrs McBreen also claimed that the defendant parked his car in her entrance and when he was asked to move it he shouted abuse at them, stating that they were making allegations against him and that they wouldn't get away with. Witness arrested the defendant for criminal damage. The court was informed by Garda Rogers that there was litigation in the High Court that established the McBreens as owners of the property in question. Defending solicitor Mr. Tom Madden said that his client didn't have any criminal history. He was the registered owner of a right of way and owned the paper title. This was affirmed in the Circuit Court with the McBreens being entitled to an easement. However, in the High Court Judge De Valera expanded the easement into adverse possession but his written decision hadn't yet been forthcoming. This written judgement would be studied and there maybe possible further redress open to the defendant, said Mr. Madden. Judge MacBride described the defendant's behaviour as disgraceful. He imposed a six-month prison sentence suspended for two years on the defendant entering a bond to keep the peace over that period. The judge also directed Mr. Cunningham not to threaten, put in fear or have any contact with Mrs. McBreen or her family. He warned the defendant that if he broke those conditions he would go to jail for the six months.