Man who sent email threatening to kill his partner’s ex-husband ordered to pay €3,000 in compensation
The Sligo ChampionA man who sent an email threatening to kill his partner’s Sligo based ex-husband has been given the Probation of Offender’s Act
Gavin Smyth (53) of Beverton Court, Donabate, Co. Dublin was charged with sending a grossly offensive communication to Robert Craig by way of email with the intent to cause harm on June 27, 2023.
The case was first heard in Sligo District Court on May 7. it was outlined that the Mr Craig received the first email at 11:49am. The email said that he was “using children as pawns in your game”, “shame on you, shame on you” and called him a lizard.
At 4:41pm, Mr Craig got another email, saying “I’ll kill you” and “you’re only a c**t”.
At 4:44pm, Smyth emailed Mr Craig saying, “I’ll f**king kill you”. One minute later, he sent another email, saying “you horrible Sligo c**t”.
Mr Craig told gardaí that the defendant was his ex-wife’s current partner. On July 7, 2023, after being brought to his local garda station, Smyth apologised and made full admissions. He told gardaí that he was drinking that day, but that was no excuse for the emails.
The court heard that Smyth had no previous convictions.
Judge Cunningham adjourned the case for a letter of apology to be sent to Mr Craig.
On May 21, Ms Laura Spellman, solicitor (defending), told Judge Éiteáin Cunningham that her client had a drink early in the morning as he had finished his night shift and had a few days off. She added that Smyth had shown huge remorse and regretted his actions. Ms Spellman continued that it was extremely out of character for her client.
Ms Spellman said that Smyth had a memory lapse from that day and that he could not remember what he said to Mr Craig. She added that it came at a time when her client’s current partner was going through a difficult separation from Mr Craig. Ms Spellman invited Smyth to the witness box.
Smyth told the court that he would like to get on and co-exist peacefully with Mr Craig. He added that his partner resided close to land that Mr Craig owned but that since March 2024 they have moved. He continued that his partner and Mr Craig shared custody of their children and that it was possible that they might bump into each other.
Smyth said that Mr Craig had nothing to fear from him and that he would like to get on with him peacefully. He added that he very much regrets sending the emails. Smyth continued that he did not remember sending the emails, but he has accepted full responsibility for it.
Smyth said that he pleaded guilty as early as possible and that he has €3,000 in compensation for Mr Craig. He added that he worked as an aircraft mechanical engineer and that he is required to travel on occasion. Smyth continued that a conviction could cause difficulty for him travelling for work purposes in the future.
Sergeant Derek Butler asked Smyth if he had read the victim impact statement and the harm it caused the victim, if he was remorseful and that it would not happen again. Smyth replied yes to all questions.
After being asked by Judge Cunningham if he would like to address the court, Mr Craig entered the witness box.
Mr Craig told the court that the offence had caused difficulty for him and his family in fear of Smyth showing up. Mr Craig continued that he attended an event at the Knocknarea Arena, saw Smyth and left. He continued that he finds himself always looking over his shoulder.
Mr Craig said that farming was his refuge and that since the incident Smyth has taken that away from him. He added that Smyth’s actions had affected his entire family.
Judge Cunningham told Mr Craig that it was quite clear that Smyth’s actions had a profound and lasting impact on him.
Judge Cunningham then adjourned the case to consider it further.
On June 4, Judge Cunningham noted the case and the mitigation put forward by Ms Spellman for Smyth. She also noted that he had no previous convictions, that it was out of character for him and that he was no risk to the victim going forward.
Judge Cunningham directed Smyth to hand over the €3,000 in compensation to Mr Craig. She noted that Smyth pleaded guilty at the earliest opportunity.
Judge Cunningham added that on this occasion she would apply the Probation of Offender’s Act.
She warned Smyth that if there was any further interaction between himself and Mr Craig that was intimidating, that the matter would be dealt with in an entirely different way. She continued that it was the one opportunity that he was getting.
Ms Spellman said that Smyth was very grateful for how she dealt with him.
Judge Cunningham concluded that it should not have happened, and that it should not happen in the future.
Article funded by the Courts Reporting Scheme.