Powys: Neighbour in court over restraining order breach

David Haywood, 63, pleaded guilty to three breaches of a restraining order after insulting his neighbour Jacek Malinowski on January 6 and 24, and February 19, 2023, on occasions where he was walking his dog and sitting in his garden between Llanfihangel-yng-Ngwynfa and Llanfyllin.

Welshpool Magistrates' Court was told on June 4 that there had been problems between the pair for several years which resulted in a restraining order in 2019, but it got worse by December 2022.

Prosecutor Helen Tench said Mr Malinowski was walking back to his house on January 6 and filmed Haywood greeting him with "good morning, you coward".

More than a fortnight later, Mr Malinowski was in a tractor when he saw Haywood walking in the field with his dog. He started recording Haywood and remembered him swearing and accusing him of being "under the influence".

The following month, Haywood, who was with his dog, called Mr Malinowski a "drunken c***" and was filmed saying "I will show you your place - in the ground".

Mrs Tench said the victim feared for his safety, had stayed in his house and was unable to sleep.

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In a statement read out in court by the prosecutor, Mr Malinowski said Haywood's behaviour had significantly impacted his life and did not allow him to concentrate on his work. He said that the threats have made him stressed and upset about his safety.

"It's made my friends worry and they're scared of him," Mr Malinowski said. "It makes me feel isolated. I feel like he wants to ruin my life."

Owain Jones, acting on behalf of Haywood, said the 63-year-old, who has mental health difficulties, may have been confused about the length of the restraining order.

"He is someone who is quite vulnerable himself which should reduce culpability in this case. He is now in a better frame of mind," he said.

He added: "There might have been some confusion on this particularly whether this order was indefinite. He said repeatedly in a police interview that he might have got the wrong end of the stick.

Mr Jones told the court that there was an "element of provocation" by the victim.

"A statement from the social worker says they’re neighbours and it’s said that the water supply to the defendant’s property has been cut off. I've asked how he survives to this day; he says he collects rainwater.

"It all happened at the same time and may explain what was going on in his mind at the time."

Mr Jones added: "I’ve seen the videos which clearly doesn’t reflect well on the defendant, but he’s pleaded guilty and knows he shouldn't have behaved this way.

"It was odd behaviour by the victim who was armed with a phone waiting for Mr Haywood saying 'come on, come on...good' like he was ready for the defendant to slip up. Could they not part ways amicably? The victim says how awful it was and he couldn’t sleep.  How does it relate to the videos where he doesn’t appear to be afraid?"

Mr Jones said it was the first breach of the order since it was made in 2019.

Magistrates decided to adjourn sentencing to June 25 while enquiries are made about Haywood's mental health for his pre-sentence report by the probation service.