*The trial continues on Tuesday.
THERE IS NO evidence that a West Clare man accused of harassing a Garda through anonymous posts on Facebook had any grudges against the Gardaí.
That is according to counsel for Jason Downes, Patrick Whyms BL who told a jury in his closing speech that there was State evidence that other members of the Downes family did have grudges against the Gardaí and they did have access to Mr Downes’ phone.
At Ennis Circuit Court, Mr Whyms said that Jason Downes’s brothers, Nathan and Evan were involved in an incident with Garda David (Daithi) King while there was also evidence that the Downes’ father, Fergus Downes was roughed up by Gardaí during a search of the Downes family home.
In the case, Jason Downes (31) of St Michael’s Place, Kilmihil, Co Clare denies on dates between June 6th and June 16th 2020 harassing David King by persistently communicating with him and thereby causing him alarm and distress contrary to Section 10 of Non Fatal Offences Against The Person Act.
The jury in the case is to recommence its deliberations Tuesday morning after deliberating for around ninety minutes on late Friday afternoon.
Mr Whyms (instructed by solicitor, John Casey) said that certainly, there is strong evidence that Jason Downes’ phone was involved in these matters and that is not in dispute and not an issue.
Mr Whyms told the jury that even if they think it unlikely that Jason Downes didn’t have knowledge of the messages sent, Mr Downes is only guilty if he sent the messages himself, which he denies.
During the four day trial, primary school teacher and wife of Garda King, Ciara Bohan told the jury how she was left ‘nervous and scared’ over “nasty” comments made about her husband from an anonymous Facebook account.
Ms Bohan became visibly upset in the witness box as she said that she was left “upset and vulnerable” over anonymous Facebook messenger messages she received about her husband, Garda David (Daithi) King in June 2020.
Ms Bohan was seven months pregnant at the time and also had a toddler at home when she received messages from a Facebook profile with the name Tommy Teirnan, spelt wrong.
In one message received on her own Facebook account on June 16th 2020, it said ‘tell your husband he is only a shitty arse coward. I will find out more about him and when I do, he will be very sorry”.
When asked by counsel for the State, Sarah Jane Comerford BL (instructed by Clare State Solicitor, Aisling Casey) how this made her feel, Ms Bohan said “I was upset. My husband went out to do his job as a Guard which I think he did on the day the original messages were posted”.
Ms Bohan said, “He is a good Guard and well respected among his peers. Then to receive the nasty messages and nasty sentiments expressed by someone – it is very hurtful”.
In her closing speech, Ms Comerford said that disturbing posts about Garda King and unnerving messages were sent to his wife, Ciara Bohan as a means of getting to him.
Ms Comerford told the jury that they have very strong circumstantial evidence when taken together is sufficient for them to confidently find Jason Downes guilty of the harassment of Garda King.
Ms Comerford said that the Facebook account of Tommy Teirnan “was created for sinister purposes and the manner in which it was used was sinister”
Ms Comerford said that the Tommy Teirnan Facebook was established using an email address mickj7199@gmail.com and that email address was actively in use on Jason Downes’ phone.
Ms Comerford said that Mr Downes is not knee-deep in the offence before the court but is neck high. Ms Comerford said that “there is a trail of evidence” on Mr Downes’ phone.
Ms Comerford said that Mr Downes did not answer questions honestly to Gardaí and is too cute by half.
