Arsonist who burned home of ‘neighbour from hell’ spared jail

AN arsonist who burned the home of his “neighbour from hell” escaped jail on condition that he do 240 hours community service.

Judge John O’Hagan told Reginald Greene, aged 22, it was not a defence to claim provocation but he was aware “of extreme provocation over a period of time which is a mitigating factor”.

The judge said Michael O’Shea, whose home was burned, provoked Greene in the most extreme way. O’Shea chewing Greene’s food and then spitting it at him in a Chinese restaurant was “utterly contemptuous.” The judge added that it was not an isolated incident because there were issues over a long period of time.

Donegal Circuit Court heard of a litany of unsociable behaviour by 42-year-old alcoholic O’Shea on the Emerald Drive council estate where both men lived in Killybegs.

Greene said O’Shea gave children verbal abuse, smashed windows and went into a room with a lit cigarette and oxygen tank “and tried to blow the place up.” When Greene and girlfriend Pauline Friel married, O’Shea even tried to gatecrash the wedding party.

Greene added: “He was a neighbour from hell. He broke my children’s toys. He gave them and other children verbal abuse.”

The court heard the final straw was when O’Shea and another man, both drunk, pestered Greene and his girlfriend who declined to go to a party at Fintra, near Killybegs. O’Shea then chewed a piece of Greene’s Chinese chicken and spat it at him.

Later that night, Greene went to O’Shea’s house where he collected a pair of dumb-bells he owned. He brought them back to his own house. He then returned to O’Shea’s house and, after checking that nobody was in, threw a lighted paper on a duvet-covered bed and another on the front-room sofa.

Greene, who now lives in Stranorlar, pleaded guilty to arson on May 7, 2009.

The council have accommodated O’Shea in a new home in Killybegs. The court heard the blaze caused €14,130 damage to O’Shea’s old council house and another €5,000 to furniture.

Detective Garda John Breslin said there was a history of continuous conflict between O’Shea and Greene. When Greene saw smoke bellowing out of the front door he raised the alert. The detective added: “He was definitely aware the house was empty. He definitely checked the house before he lit the fire. I’m satisfied that is a fact.”

Det Breslin said O’Shea was known to gardaí and he had a serious drink problem.

Greene told the court that he was drunk and angry that night. He wanted O’Shea to leave him and his girlfriend alone.

He added: “I am very sorry for what happened. It was not the right thing to do.”

The judge said he didn’t believe Greene was likely to repeat the offence. He sentenced him to four years, suspended on condition that he do 240 hours community work.