Clare man charged with sending 'harassment messages' to Cathal Crowe TD

A garda told the court that they "have had quite a few" of these charges

Tue, 04 Jul, 2023 - 14:38

Gordon Deegan

An east Clare man appeared in court on Tuesday in connection with sending alleged ‘harassment messages’ for the purpose of causing needless anxiety to Clare Fianna Fáil TD, Cathal Crowe.

At Killaloe District Court sitting in Ennis, Sean Kilkenny (48) of Tuamgraney, Scarriff, appeared in connection with sending messages on dates between May 4 and June 26 this year to Deputy Crowe.

Querying 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, both Sgt Louis Moloney and solicitor, Daragh Hassett, for the accused replied "yes" that this was the allegation against Mr Kilkenny.

Judge Gabbett said “it is a very unusual charge” but in reply Sgt Moloney commented that “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 for Mr Kilkenny.

One of the conditions is that Mr Kilkenny have no contact with the alleged injured party, Cathal Crowe TD, while the conditions also require Mr Kilkenny to reside at Tuamgraney, Scarriff, and be of good behaviour.

In the case, Mr Kilkenny is charged with on dates unknown between May 4 and June 26, 2023, 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—wearing shorts, wellingtons, a sleeveless jacket and jumper in court and 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, 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. He said, in response to caution, Mr Kilkenny said: "I do not consent”.

On the telephone message charge before the court, Judge Gabbett asked Sgt Moloney: “Is there a level of harassment here?” 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. 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, saying that Mr Kilkenny “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.