Co Antrim man is convicted of 'playing loud music in attempt to annoy' neighbour

Brendan Barr (48), of Hartswood, Crumlin, unsuccessfully contested the charge which related to Saturday June 29 last year.

Ballymena Magistrates Court was told the defendant had been made the subject of a five year long Restraining Order in July 2023.

A neighbour told the court that on June 29, 2024, the defendant had taken a "large stereo" from a van and placed it near a fence. It was a sunny day. The device was switched on "with the volume up". He said the music continued "non-stop" between 1pm and 4pm.

The court heard the defendant had been washing a vehicle in the driveway and on two occasions he had left in a vehicle and the music was left playing "at an unreasonably loud level".

The neighbour added: "I can only assume that was done on purpose to annoy me."

He told the court he had tried to speak to the defendant in the past about issues but the defendant had made it "clear" that he was "not to be approached".

The neighbour said he didn't believe most "reasonable" people would listen to music at such a level.

No Say

He told the court: "It makes you feel a bit powerless, a bit anxious, because you have no say when it starts/stops, how long it continues for."

He added: "You become a prisoner in your own home all because your next door neighbour likes to annoy you."

The defendant told the court he used a radio during his work as an electrician and it was "set at a level" for that.

He was washing his vehicle and placed it in his driveway and was listening to music on a radio station.

After washing his vehicle, the defendant said he had gone to his daughter's house to look at a new fence and believing he would not be away long he left the radio on and he didn't think it was "loud or annoying anybody".

He said he returned home but then realised he may have left a gate open at the home of his daughter who was not in her property.

The defendant went back to check if a dog had got out and it had and was "running around the street" and it took him a "while" to get it back in. He then returned home.

He denied he had left the music on with the intention of annoying his neighbour. The court heard the music had been turned off by the defendant's wife when she returned home.

A defence lawyer said the prosecution had to prove beyond a reasonable doubt did the music was an attempt to annoy the neighbour.

Get the Northern Ireland World newsletter - sign up now

The lawyer added: "It is not a case were there is rave music or any other kind of music being played, it is a local radio station."

Convicting the defendant, District Judge Nigel Broderick said there had been a Restraining Order from 2023, a condition of which was that the defendant was not to "intimidate, pester, annoy or harass" his neighbour.

The judge said the defendant accepted he played music and the defendant's account was that it wasn't loud and that he "unintentionally" had left the music on.

Judge Broderick said in his view the defendant "was playing the music loud".

The judge said "if he had turned if off after he stopped washing the car it would have perhaps been acceptable" but he had left "it on for three hours".

The defendant had a previously clear record, the court was told.

Judge Broderick told the defendant: "You really need to make sure that you don't go out of you way to cause any annoyance to your neighbours."

He fined the defendant £500 and warned if he breached the Order again it was unlikely to be a fine the next time.