BETWEEN:

SOUTH STAFFORDSHIRE HOUSING ASSOCIATION
Claimant

-and-

BERNARD O'MAHONEY
Defendant

AFFIDAVIT OF IAN SHELDON
I, IAN SHELDON, a Technical Officer (Grounds Maintenance) employed by the Claimant Housing Association MAKE OATH AND SAY AS FOLLOWS:

1
I am employed by the Claimant as a Technical Officer (Grounds Maintenance) and am responsible for maintenance at properties situate at Bakers Gardens. The Defendant's mother, Ann O'Mahoney, resides at Wolverhampton, subject to an assured tenancy with preserved rights commencing on 25 May 1992. The Defendant is a regular visitor to his mother's address. This affidavit is filed in support of the Claimant's application for an Injunction against the Defendant. The information contained within the affidavit is true to the best of my knowledge, information and belief.

2
I received a voicemail message which was sent at 2.25pm on Friday 6 August 2004, but which I retrieved from my telephone on Monday 9 August 2004 at 7.55am. I am aware from having spoken with my colleague that a gentleman telephoned on Friday 6 August 2004 enquiring about my home address. The telephone message which was left for me on 6 August 2004 is as follows:
"Hi Sheldon, my mother Ann O'Mahoney lives at 14 Wolverhampton. I'm Bernard O'Mahoney, telephone number 07732 4976592. You've been to my mother's garden today, cut down plants, been sarcastic to her about a complaint she's made to the Council. She's 70 odd years of age, I'm going to come up to Codsall. I'm going to bust every bone in your body, then I'm going to drag you into the street and kick you 'till you're unrecognisable. Okay. Ring the Police, let them hear this message, I'm coming for you boy, you do not fucking threaten my 70 year old woman you piece of fucking shit, right. 07734975692. I'm going to ruin you, fucking ruin you, you fucking wanker".

3
I immediately informed my Line Manager, Steve Smith - Property Services Manager.

4
The voicemail message has left me quite shaken and in fear of my own and my family's safety. The Defendant, I believe, is aware of my home address and where I work. I am aware from my own personal knowledge and through the Police that the Defendant is more than capable of being violent and the Police are very familiar with him. In fact, the Police have gone as far as to tell both me and my family to stay away from my home address as much as possible until an Injunction is obtained. The Police have advised the Claimant Association to close their public reception and to suspend all work at Bakers Gardens. In addition, a Police car is patrolling my home area. They have questioned the Defendant due to his threatening voicemail message and Sue Rowley, who is Director of Operations at the Claimant Association, has spoken with the Defendant directly. The Defendant has been informed of the Claimant seeking an Injunction against him and he has raised no objection to this.

5
I do not know why the Defendant left such an aggressive and offensive voicemail message for me. He appears to be under the impression that I have in some way insulted his elderly mother. I can inform the Court that I have not recently attended his mother's address and I would never be sarcastic to any of the Claimant's tenants. I therefore do not understand where the Defendant has received this information from and I believe it is a misunderstanding. I am aware that the Defendant's mother has submitted a claim for insurance purposes which is being dealt with on behalf of the Claimant by Zurich Municipal and on behalf of the Defendant's mother, through her solicitors, Paul Rooney Partnership Solicitors in Liverpool. The insurance claim in no way justifies the Defendant's aggressive and violent behaviour towards me and members of my family. I have had no reason to speak or come into contact with the Defendant prior to this voicemail message.

6
I am aware that the Defendant has his own website and in his website it states that the Defendant has been a one time friend of the notorious Kray brothers and former key member of the Essex Boys Firm. Other websites have encouraged the Defendant to take up a challenge and enter into a fight in a boxing ring. The websites simply highlight the Defendant's reputation.

7
The Claimant has been left with no alternative but to seek to protect its members of staff and ensure that they are able to perform their contractual duties without being in fear of their safety. The Claimant presently is unable to perform its housing management functions as the public reception is closed and all work at Wolverhampton has been suspended. I have been advised to stay away from my home qs much as possible until an Injunction is obtained.

8
The Claimant seeks an Injunction without notice to the Defendant as it requires an Injunction as a matter of urgency so that normality can be restored. A Power of Arrest is sought as the Defendant has threatened violence to both me. I also fear for the safe of my family. I take the threats very seriously indeed, given the Defendant's background. The Claimant further seeks to exclude the Defendant from entering the Claimant's premises or approaching me or my home in any way whatsoever, as he has no reason to do so given that he is not a tenant of the Association.

9
The Claimant requests an Injunction in the terms proposed in the draft from this Honourable Court as the Defendant, unless restrained, will continue to cause a nuisance and annoyance to the Claimant's employees and directly affect the housing management functions of the Claimant's Association's housing stock.

Sworn at Stafford Crown and county courts
in the County of Staffordshire
this10th doy of Aug 04
STAFFORD CROWN AND COUNTY COURTS