Nottingham Magistrates Court finds Newark woman guilty of multiple breaches of criminal behaviour order

A “nightmare neighbour” has been found guilty of breaching her criminal behaviour order in an ongoing dispute with other residents in Newark.

Janette Moffat, 69, of John Gold Avenue, appeared at Nottingham Magistrates’ Court in a two-day trial after pleading not guilty to breaching a criminal behaviour order (CBO) made by Nottingham Magistrates’ Court in March 2022.

Of the 15 alleged breaches to her CBO, Moffat was found guilty of four of them today (Friday) — including communicating with a young person under 18 without the consent of his parent, putting photographs of her neighbour on patio doors, and using an electronic device to film, record or photograph a person when on their private property.

She was also found guilty of using threatening, abusive or insulting words or behaviour with intent to cause a person [her neighbour’s partner] to believe that immediate unlawful violence would be used against her, when the court heard she told her she was going to “kill her” and “destroy her”.

The neighbours have been involved in ongoing dispute over access down a short pathway via a gate at the boundary of Moffat’s property and Hercules Drive, which the neighbours believe is a public right of way. Moffat disputes this and says it is her private property.

The neighbour, giving evidence, told prosecutor Steven Massey that, on March 25, he noticed on his way back from taking his son to school that Moffat was standing in her doorway pointing to photos of himself on the patio window of her property, taken while he was being confronted by Moffat’s son, as well as photos of three minors.

Another witness was visiting her aunt, who lives on John Gold Avenue, on February 7 when she went to the back garden to take a call from her son’s father. She recalled Moffat making a hand gesture to her through an upstairs window, before moving to another window and pointing a white iPhone in her direction, which left her feeling “shocked”.

Ian Carter, defending Moffat, argued that his didn’t actually speak to her and there was no evidence that Moffat was actually recording her. He also suggested that the hand gesture, which was said to mean “I’m watching you”, was a normal gesture.

The court was told that Moffat said, when interviewed by police on March 19, that she could not remember the conditions of her CBO, that her “memory was starting to go”, and that she does not have a hard copy of the order.

The witness described Moffat as “argumentative, aggressive, and volatile” and that the ongoing incidents had had an impact on his ability to manage his business from home, as well as his mental health and his partner’s.

Witness for the defence, conveyancing solicitor Clive Rossin of Larkin & Co in Newark, said that the title documents show that there was “no right of way for Hercules Drive over John Gold Avenue, not any other property on the estate”.

Moffat elected not to give evidence during the trial.

Summing up, Mr Massey described Moffat as a “nightmare neighbour” with a criminal record of harassment and anti-social behaviour, and pointed out that by merely contacting the witnesses, and an under 18 year old, she was in breach of the CBO and that there was much evidence to support the claims of these breaches.

He also said that whether or not the phones and cameras were actually recording the witnesses or not was irrelevant, it was still a “nuisance”.

Mr Carter said that it was in fact the witness who was “obsessed” with Moffat and had been recording her himself and causing an annoyance and nuisance for going onto Moffat’s land through the gate as he has no right of way.

He also said that the reason the witness goes down that path every day is “for one reason and one only — to provoke a response”.

The court heard that the alleged breaches also included tying a wire from a trellis to the grey bins at a neck height, blocking a neighbour’s access to the pathway resulting a mop to fall on his head, and smearing faeces on the green bin and at the back garden of a neighbour, for which she was found not guilty.

She was also accused of breaching the CBO by making five calls to Nottinghamshire Police, matters which were dismissed, and another instance where a false report was made to Nottinghamshire Fire and Rescue, which again she was found not guilty for.

Moffat will be sentenced on January 24.