A man who went to great lengths to subject his neighbour to “untold harassment”, including mounting mock tombstones bearing the neighbour’s name in the victim’s garden, has narrowly avoided a prison sentence.
49 year-old Deacon Phelan appeared for sentencing at Bradford and Keighley Magistrates’ Court on Thursday, having previously pleaded guilty to a charge of harassment committed against neighbour, Paul Hartnett, of Thomas Street, Haworth.
Mr Phelan put up crucifixes in Mr Hartnett’s garden and pasted derogatory posters over his windows, doors and motorbike. He also admitted to playing loud music and shouting abuse at his victim late at night whilst wearing a balaclava mask.
The offences began in October 2014, and did not subside until late last year.
Prior to taking legal action, Mr Hartnett had reported Phelan to Bradford Council for burning items in his garden.
In his victim statement to police, Mr Hartnett, who says he is homosexual, described the course of harassment since as a “deliberate and sadistic hate crime”.
The court heard how Mr Hartnett had returned from a holiday to be greeted by a tombstone with his name on and the letters ‘RIP’, alongside handwritten signs reading “Paul Hartnett, gone but not forgotten. RIP”, and a white wooden cross with a dummy mounted on top, again displaying the letters ‘RIP’.
Mr Hartnett said he had suffered “physical, emotional, mental, and financial effects on his character” following Phelan’s attacks, and had been forced to attend hospital due to the stress.
Mr Phelan’s defence lawyer said that most of the signs put up by his client were so small they could not be seen by the naked eye, unless Mr Hartnett had been “looking for them”.
Nevertheless, Mr Phelan was sentenced to 18 weeks in prison, suspended for a year, with a ten-day rehabilitation activity requirement.
He was also given a six-week electronic curfew, ordered to pay £1,000 in compensation to Mr Hartnett, and handed a restraining order.