The case was before Judge Alec Gabbett at Ennis Courthouse | FILE PICTURE
A JUDGE has stated that an east Clare man charged in connection with the alleged sending of ‘harassment messages’ via Facebook to Clare Fianna Fail TD and Meelick native, Cathal Crowe is facing “an unusual charge”.
At Killaloe District Court sitting in Ennis this Tuesday, Judge Alec Gabbett made the comment regarding the case against
Sean Kilkenny.
The 48-year-old, who has an address at Tuamgraney, Scarriff, is charged in connection with the sending messages on dates between May 4 and June 26 this year to Deputy Crowe.
The single harassment messages charge preferred against Mr Kilkenny is under Section 13 of the Post Office Amendment Act 1951.
During the court sitting, Sergeant Louis Moloney said the Garda file on the case has been with the office of the Director of Public Prosecutions (DPP) since October 2 and that directions are awaited in the case.
Daragh Hassett, solicitor for Mr Kilkenny, said his client is anxious to have the case moved on and he told Judge Gabbett that he can’t advise his client on what to do until the directions come through.
Judge Gabbett commented “it is an unusual charge,” and in reply Mr Hassett said that the case concerns an “allegation of harassment on Facebook”.
The judge said that he would adjourn the case to Killaloe District Court sitting in Ennis on December 5 when, he said, he wants to see progress
“A letter goes to the DPP in the meantime that I am very cross and I want it done,” he told Sgt Moloney.
The sergeant noted this and he told Judge Gabbett that he was sure that DPP directions would be available for the December court.
Mr Kilkenny first appeared in court in connection to the charge in July and his bail conditions include that he has no contact with the alleged injured party, Cathal Crowe TD.
The conditions also require Mr Kilkenny to reside at Tuamgraney, Scarriff and be of good behaviour.
In the case, Mr Kilkenny is charged that on dates unknown, between May 4 and June 26 2023, he "did for the purpose of causing annoyance, inconvenience or needless anxiety to another person send by telephone a message that he knew to be false to another person without reasonable cause to Cathal Crowe".
The charge is contrary to Section 13 (1) (b) and section 13 (2) of the Post Office Amendment Act 1951 as amended by section 4 of the Communication Regulations (Amendment) Act.
Mr Kilkenny is also charged with obstructing Garda Joe Kearney, acting under the authority of a warrant issued under Section 10 of the Criminal Justice Act, on July 3 at Tuamgraney, Scarriff.
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