A Clare man has appeared in court in connection with sending alleged “harassment messages” for the purpose of causing needless anxiety to 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 4th and June 26th this year to Mr 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 both replied “yes”, that this was the allegation against Mr Kilkenny.
Judge Gabbett said it was “a very unusual charge” and in reply Sgt Moloney said “it wouldn't be too unusual – we have had quite a few”.
Mr Kilkenny was brought to court by gardaí in custody and Sgt Moloney said there was no objection to conditional bail for Mr Kilkenny. He said one of the conditions 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 be of good behaviour.
In the case, Mr Kilkenny is charged causing annoyance, inconvenience or needless anxiety to another person by sending a telephone message that he knew to be false to another person without reasonable cause to Cathal Crowe, on dates unknown between May 4th and June 26th 2023.
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 appeared in court wearing shorts, Wellington boots along with a jumper and sleeveless jacket and carrying a hat – was 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 3rd at Tuamgraney, Scarriff.
Evidence of arrest
Giving evidence of arrest, charge and caution, Garda Kearney told the court that Mr Kilkenny was arrested at 12.26pm on Monday, July 3rd, and charged at 5.41pm at Ennis Garda Station. 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?” 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.
Sgt Moloney said that directions are outstanding from the DPP “and directions may instruct further charges”.
Mr Hassett said it was an appropriate case for legal aid. Mr Hassett said 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 3rd.
