Legal advice needed

florianska

Hello people!

I found myself in a tough spot. I am house-sharing and one of the people that live there did something to my food today. I can't go into specifics but they tampered with it.

In the past, they have yelled at me and insulted me in various ways and even used xenophobic slurs (I am not Irish).

We rent through the agency and each time something happened, I'd report it (the food incident just happened and I emailed them asking for a phone call but it's Friday and all I got was an automated message) but each time I got the same answer - they can't do anything, there is no proof of XY, there was no physical violence, etc.

I am under constant stress, I am also ill all the time lately and after today's incident, I began to suspect they've been doing something to my food in the fridge for a while.

How can I protect myself? I know I will get a lot of 'you need to move' answers but I am afraid that's easier said than done, especially during a pandemic. I've tried searching other accommodation but it's not going that great, either I don't hear back or they are looking for 'males only, or the people in the house are frontline workers (I am in one of the risk groups), or the house/room is awful.

Would it be illegal for me to set-up a spy camera so that I can prove they are tampering with my food? In the past they also broke my belongings and stole from me. A friend told me that I should have reported it to the guards and kept the tampered food (I threw it away) but how would that prove that they did it? They can say I did it myself and I am back to square one, with even more tensions in the house.

I really don't know what to do here.

I really appreciate anyone who tries to help!

They have an expectation of privacy in their own homes but if the food is in a cupboard that only you are supposed to access, then what you have in there is your business.

Cameras aren't as small as people think though and do still need power.

florianska

The food was on the stove, cooking.

Other food is on my shelf in the communal fridge.

They expect privacy but I expect not to be poisoned by my flatmates.

Darc19

I'd look at the Garda option. I think it has moved from civil issues to criminal.

Assault doesn't have to be a physical hit.


People like that usually like to brag about it and garda could check their phone for texts and whatsapp messages.

Filing a garda report would also wake the agency up.

florianska

Even if I have no physical proof of any wrongdoing? Another flatmate knows everything and was present during the incident where I was insulted and also I showed them the food today and they tasted it - it was clearly tampered with. But it's 'he said she said' ant the other person can say I made it up.

Darc19

florianska wrote: »

Even if I have no physical proof of any wrongdoing? Another flatmate knows everything and was present during the incident where I was insulted and also I showed them the food today and they tasted it - it was clearly tampered with. But it's 'he said she said' ant the other person can say I made it up.

Yep. If the story is plausible and better still that you have talked to someone else about it.

Make sure you get an experienced garda.

florianska

Ok, thank you for your advice.

How do I make sure I 'get' an experienced Garda?

LawBoy2018

What a freak? If I were you, I would confront your housemate(s) and tell them that you suspect that they've been tampering with your food/belongings and if it ever happens again, you will take the contaminated food to the gardaí to have it tested and report them for assault.

That behaviour is absolutely not on.

florianska

LawBoy2018 wrote: »

What a freak? If I were you, I would confront your housemate(s) and tell them that you suspect that they've been tampering with your food/belongings and if it ever happens again, you will take the contaminated food to the gardaí to have it tested and report them for assault.

That behaviour is absolutely not on.

It is just one of them, the other is a nice person and we get along well.

I thought about confronting the one that did it but the other one is going away and won't be back for a week and I am, honestly, scared to be in the house alone with them even as is, let alone if there's a fight. They will deny it anyway.

LawBoy2018

florianska wrote: »

It is just one of them, the other is a nice person and we get along well.

I thought about confronting the one that did it but the other one is going away and won't be back for a week and I am, honestly, scared to be in the house alone with them even as is, let alone if there's a fight. They will deny it anyway.

I can see why to be fair. Have you any friends that you could maybe bring over for backup? You need to let him/her know that you know what they've been doing + that you won't tolerate it any longer.

florianska

florianska wrote: »

Ok, thank you for your advice.

How do I make sure I 'get' an experienced Garda?

Hi, experienced Garda here.

The other person is not being realistic I'm afraid. We require a warrant to access a phone without permission and this is unlikely without evidence. Permission wont be given if there's anything on it.

You didn't keep the food so we will never get anywhere on that score.

Your only hope is the situation where a witness was present. The investigating Garda will take statements and a decision will be made, probable by the superintendent of anyone should be prosecuted. Either knowing details, your looking at a section 2 assault. Minor and no power of arrest.

The presence of Gardai could help your situation, sadly it could make it worse but then I guess it's already pretty bad.

I'll just edit to add that you could record your interactions. The legality is questionable but I have seen them accepted before. it should be enough to get them to back off if you have them recorded being nasty at least

florianska

LawBoy2018 wrote: »

I can see why to be fair. Have you any friends that you could maybe bring over for backup? You need to let him/her know that you know what they've been doing + that you won't tolerate it any longer.

Yeah, one or two that I trust with the situation and know that respect social distancing when out and about. I will definitely invite them over if they are available.

florianska

Niner leprauchan wrote: »

Hi, experienced Garda here.

The other person is not being realistic I'm afraid. We require a warrant to access a phone without permission and this is unlikely without evidence. Permission wont be given if there's anything on it.

You didn't keep the food so we will never get anywhere on that score.

Your only hope is the situation where a witness was present. The investigating Garda will take statements and a decision will be made, probable by the superintendent of anyone should be prosecuted. Either knowing details, your looking at a section 2 assault. Minor and no power of arrest.

The presence of Gardai could help your situation, sadly it could make it worse but then I guess it's already pretty bad.

Thanks!

So, my only hope is that they...do it again? I am now afraid that they have been contaminating my food in the fridge for weeks, I am constantly ill lately and they did something very bizarre recently that the other flatmate witnessed and then they denied it to their face.

Why do you think it could make it worse?

florianska

florianska wrote: »

Thanks!

So, my only hope is that they...do it again? I am now afraid that they have been contaminating my food in the fridge for weeks, I am constantly ill lately and they did something very bizarre recently that the other flatmate witnessed and then they denied it to their face.

Why do you think it could make it worse?

Two things here:

A, doing it again can be investigated. Poisoning is not a minor offence. It need not be fatal or even dangerous.

B, at present the chances of someone being arrested is zero. Maybe 1%. If he's just a coward built, having Gardai rattle his case might help. However, not being arrested could embolden him

florianska

OK, thank you for confirming that.

If I opted for a spy-camera anyway, what would possible negative consequences be for me?

Not an expert by any means, but if you genuinely think you're living in the same place as someone who is actively trying to tamper with your food, then you should probably think about not living there anymore as a first resort.

And not some sort of sting operation.

Anyway, best of luck.

Darc19

As said by "experienced garda" it would be difficult. But with others there, it would put the wind up.

Look at adding a recording app on your phone and record any conversations.

Maybe look at giving an opportunity for the person to meddle with your food, then instead of eating it, freeze it.

It will be a combination of things that will build up the information.

florianska

Deleted User wrote: »

Not an expert by any means, but if you genuinely think you're living in the same place as someone who is actively trying to tamper with your food, then you should probably think about not living there anymore as a first resort.

And not some sort of sting operation.

Anyway, best of luck.

I am actively searching but haven't had luck yet, I want to protect myself in the meantime.

Thanks.

Darc19 wrote: »

As said by "experienced garda" it would be difficult. But with others there, it would put the wind up.

Look at adding a recording app on your phone and record any conversations.

Maybe look at giving an opportunity for the person to meddle with your food, then instead of eating it, freeze it.

It will be a combination of things that will build up the information.

There are no conversations, if there are, they are purely transactional and after the violent outburst they are very careful how they speak and I believe they were recording conversations on their own. 99% of the conversations are done through the house group chat, not in person.

Yeah, the other flatmate suggested I freeze the food as well. But I can't freeze milk, yogurt, cottage cheese, etc.? Nobody should live in far of someone they live with doing something to their food.

Darc19

Of course you can freeze it. You won't be eating it.
It keeps it in the state it was and anything added that shouldn't be would be found.

The other angle is an ultimatum to the agency that you will be making a garda complaint if the person is not removed.

But maybe there are several others there who may take sides and therefore not solve anything.

florianska

Darc19 wrote: »

Of course you can freeze it. You won't be eating it.
It keeps it in the state it was and anything added that shouldn't be would be found.

The other angle is an ultimatum to the agency that you will be making a garda complaint if the person is not removed.

But maybe there are several others there who may take sides and therefore not solve anything.

What I mean I can't freeze all the stuff from the fridge that I eat for breakfast/dinner every day. I am no stranger to freezing pre-made food.

I drink tea and coffee every morning, am I supposed to freeze milk and then defrost it every morning?
Same with cheese. I'd need separate containers for each and every meal, that's a whole lot of planning, it would be insane? We have so little space in the freezer as it is.

All of us work from home, I have a 30-minute lunch every day and I cook food for the next day in the afternoon. Am I supposed to freeze it every day? It just seems futile as I can't freeze all the food I have in the fridge (sauces, condiments, yogurts...).

Now that I think of it, the offending flatmate never keeps any food of that kind in the fridge for a while now, they only eat take out or cook something and eat is straight away, it's been going on for months actually.

I appreciate your advice, really, you are trying to help. I am just not sure how doable that is, the (mental) energy required to do it is something I don't think I have.

I've already emailed agency and asked for a call but they didn't get back to me yet, I'll definitely mention the report. There is just one more flatmate and they are definitely not going to be in their favour.

rapul

I have no advice but wow I'm so sorry, this sounds absolutely horrendous, please please be careful, this is beyond messed up

Have you thought about putting stuff in their food? Or maybe trying to ingest small amounts of poison to get ahead of the game

Do not do that
Mod

punisher5112

Op move out, this is no way to be living.

Claw Hammer

If you are sick the first place you to go is to a doctor. Find out what is causing your illness.

Discodog

I would be tempted to see if you can trap them. There are apps that will turn any mobile phone into a webcam. Maybe put a phone in an empty food box with a hole cut for the lens. Then set it up to record & deliberately leave some food for them to tamper with.

It's a long shot but if you got it on video, there's no argument.

nuac

Mod
Report to Gárdaí with a sample