A man who stalked a young woman in Dungarvan has received a lengthy prison sentence.
Martin Whelan (60) of Lackendarra, Ballinamult, Dungarvan, Co. Waterford, appeared before Judge Eugene O’Kelly for sentencing at Waterford Circuit Criminal Court earlier this month.
He was found guilty of one count of harassment contrary to Section 10 of the Non-Fatal Offences Against the Person Act following a trial earlier this year, and has been remanded in custody since then.
Garda Sean Glynn told the court that on 1 February 2024, a woman made a complaint about the accused at Dungarvan Garda Station, and stated that he had harassed and followed her a number of times at various locations in the town. It was heard the woman reported a total of 17 incidents of harassment, which included the accused driving to and parking outside her house several times, appearing outside her workplace, and at other locations including a local gym, Dungarvan Shopping Centre, and Aldi at the same time as her.
During the trial, CCTV and ring doorbell footage of the accused at these locations was shown and various civilian witnesses also gave evidence, Garda Glynn told the court.
The accused was arrested in March 2024 and denied harassing the woman over a period of time beginning in September 2023.
The woman involved delivered her victim impact statement directly to the court. She said that before the accused entered her life, she was “confident, independent and outgoing”, but that now “it feels as if that person has disappeared.”
She added that although she believed it was a coincidence at first, it became a “pattern of stalking and harassment” and going to various places that used to give her happiness instead left her in fear.
“He held the keys to my freedom”
“He psychologically tortured me, every day I thought this could be the day he killed me. Although he never physically assaulted me, he detected where I travelled. He held the keys to my freedom, even though he never had the keys to my house,” the woman told the court.
She added that the effects of the trauma she endured have ‘not disappeared’ for her, leaving a “reminder that what Martin Whelan did didn’t end when he was found guilty.”
The woman also told of the effect that it has had on her family, stating that her parents had to watch her ‘disappear’ instead of enjoying being in her 20’s.
The woman works in a school, which she said she loves as it gives her “fulfillment and pride.”
However, she had to take a period of leave from it as a result of the accused’s harassment.
“One of the most difficult moments was when he appeared outside my workplace. He took my sense of safety, and I felt guilty that this would affect the children,” the woman said.
She told the court of how the stalking led to her feeling isolated, as her life “stood still.”
“He did not just take away my sense of safety. He took away precious days of my life I can never get back,” the woman said in her victim impact statement.
She added that she was left in fear as a result of an incident that occurred in February of this year, before the accused was found guilty.
She made a trip to Dungarvan Shopping Centre, and suddenly came face-to-face with him, and was in “touching distance”, despite the fact that she has a restraining order against him.
The woman ran, as she was left in fear from the incident. She expressed gratitude that he was found guilty, but now still finds herself scanning rooms or places as she enters them, saying: “It gave me justice, but it did not give me back the life I had before.”
She concluded by telling the court her hope is to “one day enjoy the simple things without fear,” and that she hopes by speaking about what she endured, it can help people understand “the devastating impact of stalking.”
It was noted in court that the accused has one previous conviction for harassment, involving an incident of a ‘very similar’ nature with another woman in Dungarvan.
A psychological report on the accused was prepared in advance of the sentence hearing, and defence counsel Kate Kelly BL told the court it indicates that the accused is an “isolated and psychologically vulnerable man.”
Accused still maintains innocence
Ms. Kelly said the accused still maintains his innocence, but has “expressed sympathy” for the mental distress faced by the woman, and “hopes she finds relief.” She added that the accused was co-operative with Gardai, and apologised to the woman when he was interviewed.
The barrister said her client had difficulties in his childhood, which included being adopted at the age of one. While his birth mother passed away before he met her, he had a “loving and supportive” relationship with his biological sister, who has also since passed away.
Ms. Kelly added that the accused has “a good work history” which included farm laboring and employment in a bike shop. The barrister concluded by highlighting to Judge O’Kelly that she believed her client to be eligible for a sentence with a period of time suspended.
The judge rose for over half an hour to consider the psychological report and victim impact statement. He said that aggravating factors in the case were the ‘deliberate’ nature of the harassment, the multiple and ‘random’ locations it occurred at including the woman’s home, her work, and the shopping centre. The judge added that another aggravating factor was the fact the accused has a previous conviction of a similar nature
The accused caused ‘significant distress’ to the woman and her family which was evidenced by the “thoughtful and emotional” statement she delivered, Judge O’Kelly said.
The judge set a headline sentence of six years, and said that the ‘greatest point of mitigation,’ which would have been a guilty plea, was missing.
Judge O’Kelly told the court: “No remorse was expressed, and he still maintains each instance of harassment was ‘purely coincidental’. His sympathy is a far cry from remorse for harm done to the victim.”
However, the judge also noted how the psychological report detailed the accused’s “dreadful start to life”, that he was co-operative with the investigation despite his denial, and that he has a “good work history.” The sentence was reduced by nine months in mitigation, leaving a sentence of five years and three months.
The judge suspended the final 15 months of the sentence for a period of three years, to “act as a deterrence” to reoffending.
He also directed for the accused to engage with the probation service for the first year of the suspended sentence.
Judge O’Kelly also made an order for the accused to have no direct or indirect contact with the woman and her family for a period of 10 years. As part of this order, the accused is not allowed within 500 metres of the woman, her family, her home, or her workplace. He noted that as her workplace is on a public road, the accused cannot stop or slow down, or must walk on the opposite side if he finds himself there upon his release.
The judge backdated the sentence to when the accused entered custody in March 2026.
Funded by the Court Reporting Scheme
Robyn Power
