Nuisance neighbour handed
suspended prison sentence
A 39 year old man has received a
suspended prison sentence following a catalogue of anti social behaviour
Wirral's Anti Social Behaviour Team took action against Keith McDonald, an owner
occupier of a property on Seafield Road, New Ferry, following complaints of
harassment and intimidation against his neighbour.
Mr McDonald would make loud and excessive noise both inside and outside of his
property and, on occasions, would leave his radio on continuously for days when
not even present.
After a thorough investigation by Wirral Anti Social Behaviour Team and
unsuccessful interventions to bring Mr McDonald's behaviour to an acceptable
level, an application for an Injunction was made.
At a full hearing held at Liverpool County Court, on 7 March 2016, Mr McDonald
admitted to a catalogue of allegations resulting in an Injunction being made
until further order of the Court, together with a:- 'Power of Arrest' which remains
in force until 4pm, on 6 March 2018.
Under the terms of the Injunction, Mr McDonald must not, whether by himself or
by permitting, encouraging or instructing any other person, engage in or
threaten to engage in conduct which is capable of causing nuisance or annoyance
to any person in Seafield Road, New Ferry.
He also must not approach or contact a named resident of Seafield Road, New
Ferry or any visitor to that property and using foul or abusive language, at a
volume which may be heard in or in the locality of his property, within Seafield
Road, New Ferry.
Since that date, reports were received by the team that Mr McDonald had breached
the Injunction on numerous occasions.
Consequently, Mr McDonald appeared before Liverpool County Court, on 1 February
2017, to answer a total of 35 alleged breaches of the Injunction. After a full
trial which lasted 3 days, Mr Recorder McLoughlin determined that McDonald had
breached the Injunction 33 times and sentenced him to 4 weeks custody for each
breach to run concurrently, suspended for 12 months.
The Injunction remains in force indefinitely until further order.
Cllr George Davies, Wirral Council Cabinet member for Housing and Community
Safety, said:- "Mr McDonald's ongoing and sustained harassment against his
neighbour has caused great distress. Mr McDonald once again failed to comply
with formal warnings to change his behaviour and this action through the courts
was absolutely necessary and proportionate given the impact of Mr McDonald's
unacceptable behaviour towards his neighbour."