Ennis Courthouse | FILE PICTURE
A TEACHER has appeared in court accused of sending "grossly offensive" communication in two letters which alleged that a male teaching colleague was viewing sexually inappropriate content on his phone while in the classroom.
Tomas Madigan, aged 42, of Crossbeg, Cooraclare Kilrush, County Clare appeared before Ennis District Court this Thursday to face two charges.
It is alleged he sent letters to Ardscoil Mhuire secondary school in Corbally, Limerick and Henry Street garda station, also in Limerick last year.
Solicitor Daragh Hassett told the court that Mr Madigan will not be contesting the two charges and that his client was unwell at the time of sending the two letters but didn't know it.
Giving an outline of the State case against Mr Madigan, Detective Garda Joe Cusack told Judge Alec Gabbett that “It will be alleged that Mr Madigan authored two hand written letters purporting to be from a student at Ardscoil Mhuire at a time when he was a teacher there”.
He said: "The first letter was sent in March 2022 to Henry Street garda station and the second sent to the school in May 2022.”
The detective added: "Both letters were broadly similar in content in that they made reference to another teacher in the school viewing inappropriate content on his phone while teaching a class at the school."
Detective Cusack said: “It was inappropriate sexual content.”
After hearing the outline of the case against Mr Madigan, Judge Gabbett indicated would accept district jurisdiction and deal with the case.
Sergeant Louis Moloney told Judge Gabbett the DPP has directed that the case be heard in the district court.
Giving evidence of arrest, charge and caution before court, Detective Garda Cusack said Mr Madigan replied “I’m very sorry,” after caution. He added that he had met Mr Madigan, by appointment, before the court sitting.
The offence relating to Ardscoil Mhuire is alleged to have occurred on May 25, 2022 while the offence relating to Henry Street garda station is alleged to have been committed on March 30, 2022.
Both charges are contrary to Section 4 of the Harassment, Harmful Communications and Related Offences Act 2020.
Mr Hassett told Judge Gabbett: “There won’t be a contest in these cases - no contest whatsoever."
The solicitor added: "This arose out of a most difficult time in Mr Madigan's life. In addition, there was a situation with a work colleague and because of then undiagnosed medical issues, Mr Madigan wasn’t able to rely on the usual logical - sound and sensible logic - he has applied to all parts of his life in his previous 40 odd years."
Mr Hassett said: “He was unwell at the time and didn’t know it. We are in the process of commissioning one, if not two, medical reports from the field of psychiatry."
The court was told the defendant “had a breakdown at the time when a situation arose with a colleague and instead of dealing with it through the appropriate channels he acted out of turn- he wasn’t thinking straight."
Mr Hassett said that he would be seeking the preparation of a Probation Report in relation to his client.
"There were two events in isolation and there has been nothing since," he submitted.
Mr Hassett said that “there is probably an issue of a victim impact and that Detective Cusack can canvas that with the complainant”.
Judge Gabbett adjourned the case to December 20, to facilitate the preparation of a Probation Report.
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