Powys neighbour dispute turns ugly as man handed jail term

David Haywood, 63, admitted on three occasions harassing neighbour Jacek Malinowski – who he accused of cutting off his water supply – at the beginning of 2023.

Haywood even told Mr Malinowski on one occasion that he would bury him in the ground.

Haywood appeared for sentencing at Welshpool Magistrates’ Court on Tuesday, June 25, where the bench handed him a jail term of 18 weeks – which they suspended for a year.

The defendant, of Waen Isaf, Llanfihangel-yng-Ngwynfa, near Llanfyllin, had previously admitted three counts of breaching a restraining order he was given for originally harassing victim Mr Malinowski in October 2019.

The court heard Haywood communicated with Mr Malinowski, which he was prohibited from doing, on January 6 and 24 and February 19, 2023.

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Prosecutor Gareth Parry said there had been problems between the neighbours for a number of years.

“The complainant lives close to the defendant in a rural area,” said Mr Parry.

“A previous case of harassment was investigated by police and the defendant was convicted and given a restraining order.

“He was ordered not to seek out, approach or communicate with the complainant. He was also prevented from filming the complainant or entering his land.

“The problems have been ongoing and got worse around December 2022.

“In January 2023 Mr Malinowski was checking a fence and walking back to his property when the defendant appeared and said to him ‘Good morning, you coward’. Mr Malinowski recorded it on his phone.

“On January 24 the complainant was in his tractor, when the defendant approached and started shouting at him, accusing him of being under the influence of alcohol. He called him a c***. Phone footage was again given to the police.

“On February 19 the defendant was shouting at him again and being offensive. He said to him ‘I will show you your place, in the ground’.”

In a victim impact statement provided by Mr Malinowski, who attended court, Mr Parry said: “His behaviour has impacted on my life significantly. I am stressed all the time and have trouble sleeping. He has made me fear for my safety.”

Mr Parry said Haywood had just one previous conviction, the original 2019 harassment offence, which resulted in an indefinite restraining order.

Owain Jones, acting for Haywood, said his client had been upset and that tensions were high.

“The defendant’s water supply was cut off and his argument is that the victim cut it off,” said Mr Jones.

“He has had to rely on rain water for many months. He has bought water tanks that surround his property like a moat; simply for him to live off the rain water.

“He has a friend (living with him) that needed water to live; that person went into care because he couldn’t care for them."

He added: “It has been difficult for him to try and sell and relocate. He also has a paranoid personality disorder, and perhaps he doesn’t deal with this in a rational way.

“After the incidents in 2023, there have been no further incidents and this is also the first breach.”

Magistrates told Haywood the breaches were deliberate, he had caused a high degree of harm and the custody threshold had been passed.

In addition to the suspended sentence, they told him to pay a £154 surcharge and £85 costs; they ordered no compensation as they felt this would exacerbate the situation.