A large crowd gathered to attend the Justice for Joe Memorial Walk near Swinford in August Pic: Jarlath Cunningham
A Mayo judge has asked that an annual march in memory of murder victim Joe Deacy outside an east Mayo home should no longer take place after the owners were put through a 'malevolent and sinister' campaign of intimidation.
Judge Eoin Garavan made his comments at the sentencing of Brendan Rowland (30) who was ordered not to have any contact with Peter and Anne Byrne or come within 500 metres of them or their residence at Gortnasillagh, Swinford after he was convicted of harassment.
Mr Rowland of Shenley Road, Borehamwood near London was sentenced by Judge Garavan at Castlebar Circuit Criminal Court after he admitted to sending 14 anonymous Christmas cards to Peter and Ann Byrne between December 2018 and December 2019 with each card signed, ‘Joe’.
The Ballycroy native was a friend of 21-year-old Joe Deacy from St Alban's, Hertfordshire, UK who was found unconscious outside the Byrne home at Gortnasillagh, Swinford at 6.45am on August 12, 2017. He died the following day in Beaumont Hospital in Dublin.
A subsequent post mortem found the cause of death was due to blunt force trauma, which resulted in gardaí opening a murder investigation.
Nobody has been charged with Joe's death and each year a gathering takes place outside the Byrne home by friends and family of Mr Deacy to mark the anniversary of his death.
In July, Peter Byrne outlined to the court in a victim impact statement that the family has been subjected to a campaign of hatred and his family had nothing to do with Joe's death and did what they could to help him on the night he was found.
He said the annual gathering outside his home was 'uninvited and unwelcome' and stoked anger and hatred both online and in person towards his family.
Speaking at the sentencing hearing this morning, Judge Eoin Garavan accepted that the death of Mr Deacy was a sensitive issue but hoped that any intimidation the Byrnes had suffered would end.
“This was a nasty offence and an offence of significant duration which raised so many issues and must have mentally tortured the Byrne family, there is no doubt about that," he said of Mr Rowland's conduct.
“It appears the actions have ended and whatever marches are on for Joe Deacy, they shouldn't take place at the Byrne house, notwithstanding that this is where the battered body was found. I understand why the march would do so but the Byrnes find that as intimidating given the circumstances,” he said.
The 14 cards sent by Mr Rowland were among 40 cards sent to the Byrnes at special occasions from December 2018 to December 2019. The messages sent in the Christmas cards included hoping the Byrnes get a conscience for Christmas and another stated, 'I hope you have a killer Christmas'.
READ: 43 years combined sentence for Mayo men who killed pensioner Tom Niland
A black rose was also sent on the 29th wedding anniversary of Mr and Mrs Byrne with a card which Mr Byrne said read, '29 years I did not get that long' and was signed 'Joe'.
One of the cards sent read; “Merry Christmas I hope you get a conscience from Father Christmas, from Joe”, another read; “To the Byrne family I hope Santy brings you a conscience from Joe” while another read; “To the holy honest Byrnes, Merry Christmas, everyone knows the truth. I hope this Christmas brings you courage instead of cowardice, from Joe.”
Mrs Byrne said in her victim impact statement that the joy and pleasure she received from taking cards from family and friends has been taken away from her. She too stated that her family have done nothing wrong and called for the intimidation against her family to stop.
Judge Eoin Garavan
Judge Eoin Garavan was informed that Brendan Rowland had got to know Joe Deacy through GAA when he moved to London for work. Joe Deacy was supposed to stay with Mr Rowland on the night he was killed but a family funeral meant Mr Deacy went to stay in the Byrne home as he was friends through football with their son.
A Garda investigation into the cards sent to the Byrnes discovered that stamps on some of the cards were bought in Mulranny Post Office by Mr Rowland's mother.
Brendan Rowland was arrested on December 22, 2020 and admitted to the offence and pleaded guilty in October 2024 and sentencing was adjourned for the preparation of a probation report.
When the case came before Judge Garavan in July, he adjourned sentencing to allow Mr Rowland time to think about paying for a memorial to commemorate Mr Deasy and for the Byrnes to be part of that process.
Dr Laura Byrne, counsel for Mr Rowland told Judge Garavan that her client had been involved in the erection of a bench in memory of Mr Deacy at St Colmcille's GAA Club in St Alban's and there were initial proposals to erect a similar bench or plaque in Swinford or Bohola. She also said he was competing in the Sea to Summit Adventure Race in Westport in November and will be raising money for Mayo Roscommon Hospice.
In sentencing Mr Rowland, Judge Garavan said the Byrnes were victims of an orchestrated 'malevolent and sinister' campaign adopted by the defendant along with others. He said the events were reminiscent of a Hollywood movie and as a result the Byrnes felt unsafe in their own home and fearful that 'something more harmful will arrive in the post'.
Mr Rowland works as a site foreman in construction and Judge Garavan commented that him sending the cards spoke of his lack of judgement and foolishness. He noted his personal friendship with Joe Deacy and an 'element of understandable but not justifiable guilt' on his part that the tragic death may have been avoided if he had stayed at Mr Rowland's house as originally planned.
Mr Rowland has previous convictions in the UK including spending time in jail when he was younger but the Probation Services found he is considered a low risk of reoffending.
Judge Garavan said he was confident that Mr Rowland will stay out of trouble and imposed a 18 month prison sentence which he suspended for a two year period.
The conditions of the sentence included having no contact with the Byrnes for a ten year period and not coming within 500m of them or their home.
Judge Garavan concluded the hearing by saying he hopes a fitting memorial for Joe Deacy will come from this 'unfortunate chapter'.
“It is sad that the memory of Joseph Deacy has caught up with this case and we should be remembering the tragic death of a youth who the good people of Swinford took him to their hearts. I only hope that this unfortunate chapter that follows that death is at an end and all memorials to him are positive. I note the plan for a memorial in Swinford and I hope the Byrnes have a role in that,” he said.
Subscribe or register today to discover more from DonegalLive.ie
Buy the e-paper of the Donegal Democrat, Donegal People's Press, Donegal Post and Inish Times here for instant access to Donegal's premier news titles.
Keep up with the latest news from Donegal with our daily newsletter featuring the most important stories of the day delivered to your inbox every evening at 5pm.