A judge has imposed a suspended three month prison term on a Co Clare man for sending grossly offensive messages to an Ennis woman in a ‘Coco’s Law’ prosecution.
At Ennis District Court, Judge Alec Gabbett said that there was a ‘sinister aspect’ to Aaron Moloney (35) sending the threatening or grossly offensive messages to the woman on February 22nd this year from his home at 19 Cluain Ard, Clarecastle with intent to cause harm.
The charge was brought under Section 1 and 3 of the Harassment, Harmful Communications and Related Offences Act 2020 also known as Coco’s Law.
Solicitor for Mr Moloney, John Casey said that as result of the messages, the partner of the woman “exacted his own retribution on Mr Moloney when he was badly physically assaulted at his home”.
Sgt John Burke said that the case concerning that alleged assault causing harm case on Mr Moloney which occurred on the day the messages were sent has been sent forward to the circuit court.
In sentencing Mr Moloney, Judge Gabbett said: “This is a Coco’s Law prosecution which is very serious and to receive messages like this can cause such upset to people receiving the messages that sometimes they can harm themselves.”
Judge Gabbett said that he needed to see the grossly offensive messages and Sgt Burke handed sheets up for the judge to read.
Judge Gabbett said that there was a delusional quality to the messages and said that there could be Section 5 potential threats to kill charges but clearly Mr Moloney didn’t act on them.
Sgt Burke said that the woman who received the messages was an ex-partner of Mr Moloney’s and Mr Casey said that they were in a very short relationship.
When asked if there is a victim impact statement available, Sgt Burke said that there wasn’t as Gardai were notified in court of the guilty plea.
Judge Gabbett asked: “Is a Victim Impact Statement appropriate as effectively retribution has been delivered?”
Judge Gabbett said that there is a custodial quality to the offence “but I won’t impose a custodial sentence”.
Judge Gabbett said that he was suspending the prison term as Mr Moloney has done the work and received treatment.
Mr Casey said that Mr Moloney’s father died in January of this year and Mr Moloney went down a path he shouldn’t have gone down after that.
Mr Casey said that Mr Moloney doesn’t know why he sent the messages and “he regrets it and wants to apologise for his conduct”.
Mr Casey said that as a result of what occurred, Mr Moloney has completed a treatment programme at Bushy Park treatment centre.
Mr Casey said that when he came to court he didn’t recognise Mr Moloney such is the positive change in his physical appearance.
Mr Casey said that Mr Moloney has no contact with the injured party in this case and undertakes not to have any contact with her.
Judge Gabbett said that there is a certain value in the guilty pleas and Mr Moloney has done a huge amount of work.
Judge Gabbett said: “I am mindful that this could happen again and that he would go down a rabbit hole and that is the concern I have.”
Judge Gabbett told Mr Moloney “keep your head down and keep your nose clean”.
