Stalking victim in Cork 'horrified' at request for her therapy notes

A woman who was being followed by her ex-boyfriend, who put a tracker on her car, says she was horrified when she was asked that his defence team be able to access her counselling notes.

The former partner, Seán Fagan, aged 39, of Dunvale Crescent, Frankfield, Douglas, was sentenced in February to four years, with the last two years suspended, for harassing her for six months.

A tracker was found on the exhaust pipe of her car after she became suspicious she was being followed — including once to a cafe to which she had rarely been.

When gardaí subsequently searched Fagan’s home, they found two other tracking devices, as well as a tracker app on his phone.

In an interview with the The Echo, the woman said the most difficult aspect of the justice process was being asked for access to her counselling notes.

“I think I had been going to counselling eight or nine months at that point,” she said.

“I asked first: ‘How was that even allowed?’ and said: ‘Absolutely not, no way’.

“From my understanding, it was so that the defence team could see them, but yet, because I was technically a witness in the State’s case, I was entitled to no information.

“I asked for information and wrote to the DPP myself and asked what information was I entitled to. I just got a response that no information could be given.”

She described being asked for access to the notes as “violating”.

“Counselling was something I had chosen to do for myself, I had to go for it.”

Approved

In February, the Cabinet approved the Criminal Law and Civil Law (Miscellaneous Provisions) Bill, which will allow the use of counselling notes only where there is risk of an unfair trial. The bill has now been referred to the justice committee for scrutiny.

If enacted, the decision on whether to allow the records as evidence will lie with judges after disclosure hearings to establish if the notes contain evidence relevant to the legal proceedings. The woman said that when she was asked a second time for access to her notes, she was told it could work in her favour by showing the effect the harassment had on her.

“I think it was about a week or two of trying to weigh up the pros and cons and, in the end, I said: ‘Fine’, but it was purely because it would help me, and with a very heavy heart.

“I can only imagine what it is like for people in abuse and sexual assault situations. For a couple of sessions after that, I feel I held back a little in the sessions, in case they came back to look for more.

“Part of it, in my head, was that I didn’t want him to know what he has done to me.

“Even at the point of the victim-impact statement, I didn’t want to cry. I didn’t want to show him that.”