Man appears in court accused of sending 'harassment messages' to Clare TD

A MAN has appeared in court charged in connection with alleged sending of ‘harassment messages’ to a Clare TD for the purpose of causing needless anxiety.

At Killaloe District Court sitting in Ennis, Sean Kilkenny, aged 48, of Tuamgraney, Scarriff, east Clare appeared in connection with the alleged sending of messages to Deputy Cathal Crowe dates between May 4 and June 26 last.

Questioning the charge against Mr Kilkenny, under Section 13 of the Post Office Amendment Act 1951, Judge Alec Gabbett asked “are these harassment messages?”

In response, Sergeant Louis Moloney and solicitor Daragh Hassett, for the accused, both replied ‘yes’ confirming that this is the allegation against Mr Kilkenny.

While Judge Gabbett commented that “it is a very unusual charge”, Sgt Moloney commented: “It wouldn't be too unusual - we have had quite a few”.

Mr Kilkenny was brought to court by gardai in custody and Sgt Moloney said that there was no objection to conditional bail.

He said one of the conditions being sought is that Mr Kilkenny have no contact with the alleged injured party, Cathal Crowe TD.

The conditions also require Mr Kilkenny to reside at Tuamgraney, Scarriff and to be of good behaviour. 

In the case, Mr Kilkenny is charged with with an offence that alleges 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 - who was wearing shorts and wellingtons along with a sleeveless jacket and jumper in court and who was carrying a hat - 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.

Giving evidence of arrest, charge and caution in relation to that offence, Garda Kearney told the court that Mr Kilkenny was arrested at 12.26pm on Monday, July 3 and charged at 5.41pm at Ennis garda station. In response to caution, Mr Kilkenny said: "I do not consent.”

Regarding the telephone message charge before the court, Judge Gabbett asked Sgt Moloney “is there a level of harassment here?” and in reply, Sgt Moloney said "that is the allegation”.

Judge Gabbett said that a harassment charge could have been brought under Section 10 of the Non Fatal Offences Against the Person Act.

In response, Sgt Moloney said that directions are outstanding from the DPP “and directions may instruct further charges”.

Mr Hassett said that it was an appropriate case for legal aid. He said his client “is working to keep his operation going, he has a number of horses”.

Judge Gabbett remanded Mr Kilkenny on bail to appear before Killaloe District Court on October 3.