A JUDGE has stated that an east Clare man charged in connection with sending alleged ‘harassment messages’ via Facebook to Clare Fianna Fail TD and Meelick native, Cathal Crowe is facing “an unusual charge”.
At Killaloe District Court sitting in Ennis today, Judge Alec Gabbett made the comment concerning the case against
Sean Kilkenny (48), of Tuamgraney, Scarriff who is charged in connection with sending messages on dates between May 4th and June 26th this year to Deputy Crowe.
The single harassment messages charge is against Mr Kilkenny under Section 13 of the Post Office Amendment Act 1951 and Sgt Louis Moloney said that the Garda file on the case is with the office of the Director of Public Prosecutions (DPP) since October 2nd for directions in the case.
Solicitor for Mr Kilkenny, Daragh Hassett said that his client is anxious to have the case moved on and told Judge Gabbett that he can’t advise his client on what to do until the directions come through.
Judge Gabbett commented “it is an unusual charge,” and in reply Mr Hassett said that the case concerns “allegation of harassment on Facebook”.
Judge Gabbett said that he would adjourn the case to Killaloe District Court sitting in Ennis to December 5th “and I want to see progress”.
Judge Gabbett told Sgt Moloney: “A letter goes to the DPP in the meantime that I am very cross and I want it done.”
Sgt Moloney told Judge Gabbett that he was sure that DPP directions would be available for the December court.
Mr Kilkenny first appeared in court in connection to the charge in July and his bail conditions include that he has 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 with on dates unknown between May 4th and June 26th 2023 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 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.
