*Seán Kilkenny. Photograph: Joe Buckley
GARDAÍ are to put a ‘cease and desist’ undertaking proposal from the man charged with sending alleged ‘harassment messages’ via Facebook to Clare TD, Cathal Crowe (FF), a court has heard.
At Killaloe District Court sitting in Ennis on Monday, solicitor for Sean Kilkenny (48) of Tuamgraney, Scarriff, Daragh Hassett told Judge Alec Gabbett that he had put ‘a cease and desist’ undertaking proposal on behalf of Mr Kilkenny to the Gardaí.
Mr Hassett told Judge Gabbett, “I put the proposal, albeit only this morning to the State in relation to the matter. I have offered a certain course of action where my client would cease contact”.
Asked by Judge Gabbett the nature of the proposal, Mr Hassett said, “An undertaking to cease and desist”.
Mr Hassett said that he will put the proposal in writing to send on to Sgt John Burke.
Sgt Burke told Judge Gabbett that Gardaí, “would require time to canvas the alleged injured party’s views”.
Mr Hassett said that his client “reserves his right to contest the case in full. The State has to consider that offer otherwise on instructions there will be a hearing potentially”.
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, Scariff 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.
Judge Gabbett adjourned the case to Killaloe District Court sitting in Ennis next month.