Woman suing neighbour for alleged defamation over ‘die in hell’ letter

A retired school teacher is suing her former next-door neighbour who, it is alleged, sent a defamatory letter to a third party purporting to be from her, the High Court has heard.

Olga Clancy claims she was defamed by Marie Gaughan, a retired nurse, in a letter which allegedly stated, "I hope you die in hell ya b*****d," which was headed with Ms Clancy's address and was signed "Olga".

Ms Clancy claims that the letter, sent in July 2020, was written by Ms Gaughan with the intention of damaging the plaintiff’s good name and reputation.

The parties and their respective families had lived beside each other at St Canice's Road, Glasnevin, Dublin 11, for some time, until late last year when the defendant relocated to England.

Ms Clancy claimed that the defendant engaged in ongoing malicious behaviour deliberately calculated to cause nuisance and interference with Ms Clancy’s right to a peaceful enjoyment of her home.

Ms Clancy said she and her family were the subject of an elaborate hoax in 2014. She and her family were interviewed by gardaí over the murder of a man in Ballymun.

This, it is claimed, came about after a public notice issued by the Garda seeking information about the killing, was altered and sent to Harcourt Street Garda station.

Details relating to the Clancys’ home address were handwritten on to the notice, she claims.

The handwriting on the notice, it is claimed, also falsely implied that an assassin had hidden a weapon in the property.

After speaking to the Clancys about the matter she claims that gardaí believe the notice was sent to cause distress and embarrass the Clancy family.

Ms Clancy also claims that in 2017 she received a menacing letter. The letter warned that one of her property’s bedroom windows was being carefully watched.

Both of those matters are the subject of Garda investigations, Ms Clancy claims.

Damages

In 2012, Ms Clancy said the Circuit Court awarded her damages and injunctions against Ms Gaughan and her spouse for interference with the plaintiff’s property rights.

As a result of the letter and the other incidents, Ms Clancy has sued Ms Gaughan seeking damages for the alleged defamation, nuisance and malicious conduct.

The court heard that no defence has been filed on Ms Gaughan’s behalf.

As a result, Ms Clancy’s lawyers have brought a motion seeking judgment against Ms Gaughan in default of a defence to the claim against her.

The dispute came before the High Court on Friday when lawyers for Ms Clancy sought, but were refused, an order freezing the proceeds of sale of Ms Gaughan’s former home, at 8 St Canice’s Road.

The court heard that last year Ms Gaughan put her former home on the market and moved to the UK. The sale of the property was closed earlier this year.

Lawyers representing Ms Clancy said she fears that the defendant is attempting to put her assets beyond her reach in the event she secures a damages award against Ms Gaughan.

Ms Clancy sought, on an ex-parte basis, an injunction freezing the proceeds of sale of the house, pending the outcome of the damages claim.

Ms Justice Leonie Reynolds dismissed the application for the "Mareva" injunction on grounds including that a judgment has not yet been obtained by the plaintiff against the defendant.

The action will return before the court in May.