A man who placed a computer tablet in his ex-partner’s kitchen to secretly film her during a four month period of harassment has been handed a three-year suspended jail term.
Sean Kershaw (38), of Linnetsfield Walk, Blanchardstown, Dublin, pleaded guilty to harassment on dates between January 1st, 2021 and April 11th, 2021 at Phibblestown House, Castaheany, Dublin.
Garda Jessica Maguire gave evidence that Kershaw’s former partner complained to gardaí that he had been harassing her for several months.
Kershaw told gardaí that he had acted out of jealousy, curiosity and concern for his daughter, after his former partner began a new relationship.
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Judge Martin Nolan said Kershaw “could not get over the breakdown of the relationship” and had demonstrated an “obsessive streak”.
He imposed a three-year sentence which he suspended for three years on the condition that Kershaw be of good behaviour for this period.
Judge Nolan also ordered that Kershaw have no direct or indirect contact with his former partner during this period and for the rest of his life except where necessary to facilitate access arrangements to their daughter.
Shiny object
Garda Maguire gave evidence that the complainant was in her kitchen with her new partner at around 8.30 p.m. on April 11th, 2021 when they noticed a shiny object on the counter. The object was a computer tablet which was running a camera app and forwarding footage to Kershaw. Garda Maguire said the device had been running for 36 days and several recordings had been saved by Kershaw.
Garda Maguire said the complainant’s balcony door was unlocked without her knowledge. Her emails and Whatsapp had also been accessed and copies of Whatsapp messages sent to Kershaw’s email address. On one occasion, the complainant got out of the bath and found Kershaw at the window. He admitted watching her and said he would stop.
Kershaw was arrested on April 13th, 2021 and a tablet and phone were seized. Garda Maguire agreed with defence counsel Jennifer Jackson BL that her client abided by his bail conditions and made full admissions to gardaí.
Kershaw had no previous convictions and has supervised access to his daughter. A victim impact statement was handed into the court, but not read out.
Judge Nolan made a destruction order for any recordings and told Kershaw to hand over any other material to gardaí.