Man breached restraining order by sending flowers

Tuesday 05 September 2017

What was intended as a 'kind gesture' could cost a 44-year-old man a prison sentence after he breached a restraining order by sending flowers to a woman.

The order was imposed by the Magistrate's Court on 11 July for a period of five years after Patrick Gallagher was found to have harassed the woman.

Mr Gallagher was banned from contacting the woman directly or indirectly for five years but sent a bunch of flowers to her place of work on 31 August with a note. He also tried to call her at her workplace ten to 15 times, later the same day.

The breach of the restraining order meant the Gallagher also breached a 12-month binding over order that was imposed the same day. 

Advocate James Bell, defending, said that his client knew he shouldn't have done so but that he meant it as a kind gesture. He had heard that the woman's grandmother was unwell and was worried she might be upset.

Advocate Bell added that the woman had contacted Mr Gallager of her own volition, shortly after he was released from La Moye where he had spent two weeks in custody. When Mr Gallagher told her he couldn't speak to her, its alleged she asked the Police to remove the order.

However, the Magistrate's Court heard that the woman gave a different story to the Police. She told officers she had bumped into Mr Gallagher at St James Wine Bar and had gone back to her house so she could explain to him that he should not contact her, adding that Mr Gallagher contacted her several times after the meeting.

According to Advocate Bell, Mr Gallagher had suffered depression and anxiety, and, more recently, the loss of his mother. "This was a turbulent time for him and it may well be that he struggled with that. Sending flowers was clearly unwise and accepts he is in the wrong," he said.

While Assistant Magistrate Peter Harris said that the fact there had been contact on both sides was a mitigating factor, the breach still carried the risk of a two-year custodial sentence. He also said that the harassment charge stood to be resentenced. He told Mr Gallagher: "You have got to understand this is a court order. This says no contact direct or indirect, you must not contact her, you must not phone her. No matter how much she begs you, you cannot do it. If she wants the court order to be lifted, she can contact us."

Mr Gallagher will be back in court on 4 October.