A conviction against a County Fermanagh man for harassing Mannok director Kevin Lunney has been quashed, after the case was taken to appeal which was not contested by the Public Prosecution Service.
Sean McGovern (64) from Springtown Road, Kinawley denied harassing Mr Lunney, his wife Bronagh, and fellow directors Liam McCaffrey and Tony Lunney, between 30 October and 20 December 2020.
He is the father of Bernard McGovern who served a sentence in Castlerea Prison for a separate incident against two directors, one of whom was Kevin Lunney.
During a contested hearing at Enniskillen Magistrates Court last year, Mr McCaffrey described “an ongoing campaign of harassment taking many forms including social media and more direct physical abuse.”
He referred to the kidnap and torture of Kevin Lunney, but after a period of relative calm, claims of victimisation emerged around Bernard McGovern’s detention in Castlerea Prison.
Mr McCaffrey told the court, “Signs were erected naming a list of people. It was deliberate targeting. There were attempts to ramp up tension in the community. I felt unsafe and in fear.”
He described a poster bearing Bernard McGovern’s picture with ‘VICTIMISED’ written across it.
Mr Lunney advised, “I’m aware of Bernard as the son of Sean McGovern, whom I’ve known for around 20 years. Bernard was jailed for an assault on myself and a co-director in 2019.”
His wife Bronagh told the court her name was on a sign which she couldn’t understand as she had no involvement in the business.
Tony Lunney observed a sign asking who had most to gain around “sabotaging” on which his name was written along with other directors.
In evidence Mr McGovern confirmed owning and erecting the signs because: “My son Bernard was remanded and couldn’t get bail. It was a campaign against that. My son is the victim."
He denied the signs were to cause upset, stating, “I put them in my area along the public highway … We treat people with respect. There was no harassment or intimidation.”
While District Judge Steven Keown convicted Mr McGovern of harassing Kevin Lunney, he acquitted him in respect of the others, imposing a sentence of four months custody suspended for two years.
Restraining Orders were granted for all parties.
Mr McGovern launched an appeal and on the day of hearing at Dungannon County Court the prosecution declined to challenge.
The conviction was quashed but issues arose around the Restraining Orders which remain live until 2025.
Prosecution counsel argued these should stay in place as “There are outstanding matters against Sean McGovern’s son Bernard which are yet to be heard. There is ongoing tension in the community and while it seems to have nullified, the complainants say they just want to be left alone. They ask the court to exercise its discretion for, even in an acquittal, it is necessary to protect a person from harassment.”
Mr McGovern’s counsel contended, “If it was Bernard McGovern I could see why a Restraining Order may be required. However my client last spoke to Mr McCaffrey and Mr (Tony) Lunney in 2018. He had no contact, adverse or otherwise with Bronagh Lunney. So, has my client done anything that might properly ground the need for a Restraining Order for these people? It would be wholly unnecessary in the circumstances.”
Judge Richard Greene KC decided to take time to consider this and will rule next week.