Pensioner, 77, is handed restraining order for stalking family living next door after spying on them through 'viewing hole' he drilled through garage wall and peering at children in garden through his roof skylight

  • Derrick Tanner, 77, even bought a special whistle to agitate the neighbours' dogs
  • Sean and Melanie Hendry spent thousands on measures to protect themselves 
  • Tanner denied that he 'pursued course of conduct which amounted to stalking'
  • 77-year-old of Longlevens, Gloucester, was handed three-year restraining order


A pensioner has been handed a restraining order for stalking a family living next door after spying on them through a 'viewing hole' he drilled through a garage wall. 

Derrick Tanner, 77, lowered the height of a six-foot garden wall so he could 'rest his elbows on it' while staring into the family's garden in Longlevens, Gloucester, magistrates were told.

He even bought a special whistle to agitate the neighbours' dogs and changed a frosted window to clear glass before climbing a six-foot ladder in his roof space to spy on them from a skylight, heard Cheltenham Magistrates' Court yesterday.

Neighbours Sean and Melanie Hendry had to spend thousands on measures to protect themselves from Tanner's stalking behaviour during a six-year period from January 2013 to September 2019, the prosecution said.

Tanner denied a charge that he 'pursued a course of conduct which amounted to the stalking of Melanie and Sean Hendry and their family'.

He was convicted at a trial on August 25 and bailed until yesterday for a pre-sentence report pending sentence.

Before sentencing him to a community order which includes a 12-week home curfew and a three-year restraining order, the magistrates heard a victim statement from Mrs Hendry.

She said: 'The past six years has had a detrimental effect on our family's quality of life. The children panic if they see him when they are alone. I know it is affecting their mental well-being as they get older.

'I find it difficult when I return home as I am fearful of seeing him. I feel anxious when driving, as I am constantly looking out for him. I don't like being in the house on my own in the evenings

'As a family we are now unable to enjoy being out in the garden for fear of being watched or of his persistent attempts to wind the dogs up with the whistle.

'We lost faith in the justice system as it seemed little progress was being made with our case. I feel Tanner takes great enjoyment at the stress he is causing us by the way he laughs at us. I just can't understand his behaviour.

'We have spent thousands of pounds in securing our privacy.'

Prosecutor Paul Ricketts told the court that the Hendry family moved into their home in 2010 and, for the first three years, there were no major issues with their neighbour.

'But Tanner's behaviour changed during the summer of 2013 after the Hendry family placed a paddling pool adjacent to the wall between the two properties,' said the barrister.

'Mrs Hendy observed from an upstairs window that Tanner had placed a ladder against the wall and was staring at the children, who were completely unaware that they were being watched.

Tanner, pictured, denied a charge that he 'pursued a course of conduct which amounted to the stalking of Melanie and Sean Hendry and their family' and was convicted at a trial on August 25

Tanner, pictured, denied a charge that he 'pursued a course of conduct which amounted to the stalking of Melanie and Sean Hendry and their family' and was convicted at a trial on August 25

'Mrs Hendy asked the children later if their neighbour had said anything to them. They said he hadn't.

'She said she felt Tanner was showing an unhealthy interest in the children, especially when he left a soft toy along the top of the fence to gain their attention.'

The court was told that during the six-year period Tanner had an extension built which meant he no longer had access to clean the windows without going onto his neighbour's property.

The prosecutor added: 'Before the extension was built there was a frosted window looking out onto his neighbour's property. But this was changed in January 2015 to clear glass and he was then able to see through to his neighbour's kitchen.

'Tanner would stare at Mrs Hendry which made her feel uncomfortable, especially if she was still wearing her nightclothes. She felt she had to change her routine.

'Tanner also regularly went down his neighbour's driveway to clean the window. He seemed to do this when Mrs Hendy was alone in the house.'

The court heard that Tanner then reduced the height of a garden wall between the two properties.

'Tanner reduced the height of the six foot tall brick wall down to 'elbow resting' height, enabling him to look over onto the Hendy's patio,' said Mr Ricketts.

The prosecutor said that, in February 2015, 'Tanner started spying on the family when the Mrs Hendry were taken the children to school in the mornings.'

He added: 'This prompted the Hendrys to erect screening by putting up a wooden frame with sheeting over it.

'Tanner complained that this was placed on his property and in a video he can be clearly heard challenging them by saying, "if you don't take it down, I will. I don't care what you think, I'm going to take it down".

'The police tried to intervene and offered advice to Tanner. They gave him a warning.

'Shortly afterwards, Mrs Hendry was driving when he badly cut her up in his van. This resulted in the police being called again to speak with Tanner and he was warned about his actions.

Tanner changed a frosted window to clear glass before climbing a six-foot ladder in his roof space to spy on them from a skylight, heard Cheltenham Magistrates' Court (above) yesterday

Tanner changed a frosted window to clear glass before climbing a six-foot ladder in his roof space to spy on them from a skylight, heard Cheltenham Magistrates' Court (above) yesterday

'In another incident in June 2015 he began verbally abusing Mrs Hendry and she became upset by this. In August 2019 Mrs Hendry caught Tanner following her around while she was out shopping. She felt that he was now harassing her.

'Shortly afterwards, Tanner turned his attention to the family's dogs and started winding them up by using a specialist whistle. This had a major effect on the dogs and the Hendrys had to call the police again.

'The officers searched Tanner's property and found the dog whistle. They also discovered a spy hole that had been bored through the garage wall giving a view out over the Hendrys' property.

'The police also found a long ladder leaning against a roof light that had views overlooking the neighbouring property. The opening had a number of discarded cigarette butts which demonstrated that he must have spent some time in this location.'

Steven Young, defending, said: 'It is always difficult to mitigate when a defendant has been found guilty, but he still maintains his innocence.

'This is precisely the situation here. I'm not sure which of the incidents highlighted by the prosecution were identified as being the ones he was convicted on.

'This is not a stalking case in the normal sense as he is not accused of following people to their place of employment or anything similar. This is a very unusual case of stalking between neighbours which, at a basic level, is looking over the garden fence.

'This is a neighbourhood issue and these don't usually end up as criminal proceedings.'

He argued that Tanner 'does not deserve' to be sent to prison. 

He also said that Tanner is a man of 'good character', adding: 'The reason he is not showing any remorse is because he believes he is not guilty.'

Paul Fulham, chair of the magistrates, said to Tanner: 'We've read everything about you to make an appropriate and proportionate sentence.

'Whilst we considered your offending does cross the custody threshold we don't think that imprisonment is proportionate, either immediate or suspended. However, we will impose a community sentence instead, which we consider to be fair.

'For the offence of stalking you will be sentenced to a 12-week tagged curfew. This will operate on Mondays to Fridays between 7.30am and 9am and between 3.15pm and 6pm for you to remain within the precincts of your house, not outside.'

The court also imposed a three year restraining order for him not to contact his neighbours, except via a solicitor. He was further ordered to pay court costs of £775 and pay a victim surcharge of £60.

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