An east Clare man has appeared in court 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 between May 4th and June 26th 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?”
Both Sgt Louis Moloney and solicitor Daragh Hassett for the accused both replied ‘yes’, that this was the allegation against Mr Kilkenny.
Judge Gabbett commented that “it is a very unusual charge”, and in reply Sgt Moloney commented that “it wouldn’t be too unusual - we have had quite a few”.
Sgt Moloney said that there was no objection to conditional bail for Mr Kilkenny, and one of the conditions is that Mr Kilkenny have no contact with the alleged injured party.
The conditions also require Mr Kilkenny to reside at Tuamgraney, Scarriff, and be of good behaviour.
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 3rd, 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 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 that it was an appropriate case for legal aid. Mr Hassett said 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 3rd.
