Man (38) posted intimate imagery without consent and death threats
The victim was approached by the accused outside the Garda Station in Ballybricken.
A man created and distributed intimate material of a woman without her consent and and made death threats towards her family.
Michael Cleary, of 42 Thomas Street, Waterford City, appeared at Waterford Circuit Court before Judge Eugene O’Kelly. The 38-year-old had earlier pleaded guilty to an offence contrary to Section 2 of the Harassment, Harmful Communications and Related Offences Act 2020.
Detective Garda Jane Cotter said in Court that on the night of August 15, 2023, a woman entered Waterford Garda Station and reported that she had received a death threat from the accused. The woman was related to another woman known to Cleary. Days earlier, Cleary filmed the woman during a sexual encounter. While the encounter itself was consensual, the woman did not want Cleary to film or photograph the interaction. Cleary later posted the imagery online and named the woman, while making death threats against her and her family.
Gardaí obtained video footage of Cleary in an intoxicated state making verbal death threats against a number of people: “By 3pm tomorrow you’re dead" and "I'm on my way, wait 'til you f**king see." Gardaí arrested Cleary on the night of August 21, 2023 and detained him under Section 4. He made full admissions to his actions, saying he was in an "emotional state" when making the videos. He said: “I had three days in hell.”
On August 28, 2024, the victim attended an appointment at Waterford Garda Station when Cleary approached her outside the building. According to the victim, he asked her to tell Gardaí that she gave consent for him to 'post the photos'. She rushed away to her car but Cleary followed her as she drove away. Later that evening she saw Cleary going past her home several times.
The Court heard Cleary had 19 previous convictions. Defence counsel Gareth Hayden BL said his client had apologised to the victim and paid €2,000 to the State in compensation. He received a suspended sentence of two years, three months.
