The east Clare man accused of sending alleged ‘harassment messages’ via Facebook to Clare TD, Cathal Crowe has given an undertaking in court that he will have no further contact whatsoever with the Fianna Fail TD as part of a ‘cease and desist’ agreement.
At Killaloe District Court sitting in Ennis today, Sean Kilkenny (48) of Tuamgraney, Scarriff in the witness box told Judge Alec Gabbett that he has had no contact with the TD since last July and undertakes not to have contact with Deputy Crowe into the future.
The cease and desist undertaking was arrived at after Mr Kilkenny’s solicitor, Daragh Hassett put the proposal to Gardai earlier this year.
In court in March, 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.
Judge Gabbett asked in March that Mr Kilkenny come to court to give the ‘cease and desist’ undertaking in person.
After Mr Kilkenny gave his undertaking in court today, Judge Gabbett asked solicitor for Mr Kilkenny, Shiofra Hassett did her client understand the nature of the undertaking and Ms Hassett replied ‘yes’.
After Mr Kilkenny gave the undertaking in court, Judge Gabbett asked can the case be struck out on that basis.
Sgt John Burke said that there was a monitoring aspect to the case and requested that the case would be adjourned for one year.
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.
Daragh 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 required Mr Kilkenny to reside at Tuamgraney, Scarriff and be of good behaviour.
Mr Kilkenny 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.
Judge Gabbett adjourned the case to May 6th next year.
