The East Clare man accused of sending alleged ‘harassment messages’ via Facebook to Clare Fianna Fail TD, Cathal Crowe has offered to apologise to the Dail deputy, a court has heard.
At Killaloe District Court sitting in Ennis today, solicitor for Sean Kilkenny (48) of Tuamgraney, Scarriff, Daragh Hassett told Judge Alec Gabbett that his client through himself has offered to apologise to the “complainant” in the case.
Since the last court date, Gardai have put a ‘a cease and desist’ undertaking proposal to Deputy Crowe on behalf of Mr Kilkenny where Mr Kilkenny would cease any future contact with Deputy Crowe.
Providing an update to court, Mr Hassett said that Gardai have spoken to the complainant “and there has been a meeting of minds” and the matter can be resolved without going to full hearing.
Mr Hassett said that he has put his client’s “cease and desist undertaking” in writing.
Mr Hassett said that Mr Kilkenny has gone through very difficult times through the Covid-19 pandemic, works as a roofer and is unable to come to court as he has work in Killarney.
Mr Hassett asked that the case be adjourned for one year.
Judge Gabbett said that he would prefer that the undertaking be sworn by Mr Kilkenny in court and that the undertaking needs to be explained to him in court.
Mr Hassett said that this would be fine and Judge Gabbett adjourned the case to May 7th to allow Mr Kilkenny to come to court to give his sworn undertaking.
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 Hassett previously told the court that the case concerns “allegation of harassment on Facebook”.
Mr Kilkenny first appeared in court in connection to the charge last 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.
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.
