A west Clare man is to plead not guilty in the circuit court to harassing a local Garda via Facebook.
At Ennis Circuit Court, counsel for Jason Downes (31), Patrick Whyms BL confirmed the ‘not guilty’ plea for his client after telling Judge Francis Comerford that a jury will be required for the trial of the case.
In the case, Mr Downes of St Michael’s Place Kilmihil, Co Clare is charged with harassing David King on dates between June 6th and June 16th 2020 contrary to Section 10 of Non Fatal Offences Against The Person Act.
In advising on the length of the case, Mr Whyms has told Judge Comerford “it is not a short case” adding that there will be “a lot of technical evidence”.
He said: “There is a lot of detail in it.”
The case is before the circuit court after Judge Mary Larkin at Kilrush District Court declined jurisdiction in the case after hearing an outline of the State evidence against Mr Downes.
In the district court those convicted of harassment face a prison term up to 12 months while the penalties in the circuit court are up to five years in prison on conviction.
Outlining the State case against Mr Downes for the purpose of Judge Larkin determining jurisdiction last year, Insp Aiden Lonergan told the court that the very first message appeared online on Facebook and the other two messages were sent to the wife of the member of An Garda Siochana.
Insp Lonergan handed in copies of the messages sent to Garda King and his wife.
After reviewing the messages, Judge Larkin said: “There are names used here like ’s-h-i-t-t-y a-r-s-e’ but there is another name calling that goes beyond.”
Judge Larkin commented that the case “was far too serious” for the district court due to the very particular function a Garda has in society.
Judge Comerford adjourned the case to May 10th.
