Latest news with #HarmfulCommunicationsandRelatedOffencesAct2020
The Journal
20 hours ago
- The Journal
Former head of garda group was ‘profoundly distressed' by online harassment, court hears
FORMER GENERAL SECRETARY of the Association of Garda Sergeants & Inspectors (AGIS) Antoinette Cunningham has revealed in court how 'blatantly false, vile social media attacks' left her feeling profound distress and helplessness. Andrew McGovern, 38, of School Lane, Rathowen, Co. Westmeath, the man behind 'sinister' messages on Twitter, now X, was remanded on continuing bail pending sentencing by Judge Bernadette Owens at Mullingar District Court today. McGovern pleaded guilty to a charge stating that he 'did distribute or publish a threatening or grossly offensive communication about Antoinette Cunningham with intent to cause harm.' The offence occurred in the Mullingar area from 16 to 30 March, 2023, while she was still head of the AGSI. The charge under section 4 of the Harassment, Harmful Communications and Related Offences Act 2020 carries a possible six-month sentence at the District Court level. In November, McGovern failed to appear in court, resulting in a bench warrant for his arrest. He was later bailed again and a probation report was ordered. Dressed in a green and hooded black tracksuit and white runners and wearing a facemask throughout the hearing, McGovern sat silently on with his arms crossed. He will be sentenced on 4 September. Detective Sergeant Alan Farrelly of the Garda National Bureau of Criminal Investigation outlined the facts. He told the court that the first set of five direct messages was sent privately to the victim and made claims that she was his godmother. He maintained his father had told him before he died, and he remembered her when he was a little toddler in the 1990s, saying 'God mum, are you annoyed with me?'. Cunningham ignored the messages until she learned of a second set of 'more sinister' posts on his Twitter account about her and mentioning a person connected to her that were publicly accessible. They contained unfounded claims that allegations had been 'all swept under the carpet' and that his life had been ruined forever. When questioned by the detective sergeant, he never apologised and continued his story, even when various inconsistencies were pointed out to him. Advertisement He had one prior conviction for drink driving, which led to a road ban in 2008. In a victim impact statement, Cunningham addressed the court. She spoke out at her dismay at seeing 'blatantly false, vile, and completely shocking allegations' about her on social media. They mentioned her job, which she believed was an attempt 'to try and deliberately damage and discredit me'. Describing the posts as 'a demonstration of the very toxic side of social media,' she highlighted how the attacks violated her privacy and integrity, 'and my sense of personal well-being and peace of mind was fractured as a result of what happened'. The court heard she could not fathom why somebody would choose to post disturbing messages about her and to continue doing it. 'I felt helpless to defend myself or to receive the expected support from the social media platform; there was a personal vilification of me going on, and I was powerless, at that point, to do anything about it. 'The messages had a profoundly negative effect on me, they were filled with hate, disinformation, offensive content, lies and basely offensive matters.' Cunningham highlighted the added pressure of 'presenting a façade of normality' while dealing with the stress of the situation. She emphasised the urgency of speaking out, and had strong words for the social media platform, adding: 'To this day, I find it deeply upsetting that something that is a criminal offence in this country is not accepted as a breach of social media rules here.' Last year, Cunningham, from Limerick, announced her retirement after 33 years with An Garda Síochána and the AGSI. She has since moved on to become an employer relations executive with the Irish Business and Employers Confederation (Ibec). She made Irish policing history in 2018 when she became the first full-time female official in a Garda representative organisation and the first woman to serve at every executive level of the association. Judge Owens noted a probation report on McGovern referred to the possibility of a psychiatric assessment. However, she added that she was not going down that route because if McGovern was not going to engage with the process, it would be unfair to allow for no valid reason. Defence solicitor John Quinn told the court he needed to consult with his client over the contents of the report.
RTÉ News
a day ago
- RTÉ News
Former AGSI head 'felt helpless' after online harassment, court hears
Former General Secretary of the Association of Garda Sergeants and Inspectors Antoinette Cunningham has said that "blatantly false and vile" material posted about her online has had a profoundly negative impact on her and her family. In a victim impact statement at Mullingar District Court today, Ms Cunningham said the messages, which were posted publicly and sent privately on the social media platform Twitter, now known as X, left her feeling helpless and powerless. 38-year-old Andrew McGovern, of School Lane, Rathowen, Co Westmeath previously pleaded guilty to harassing Ms Cunningham under Section 4 (1) and (3) of the Harassment, Harmful Communications and Related Offences Act 2020. Ms Cunningham, was general secretary of the Association of Garda Sergeants and Inspectors (AGSI) when the offences happened over a two-week period in March 2023. Detective Sergeant Alan Farrell from the Garda National Bureau of Criminal Investigation told Mullingar District Court today that the first set of direct messages were sent privately and were ignored by Ms Cunningham. He said Ms Cunningham later learned of posts on Mr McGovern's Twitter account about her that were openly accessible containing unfounded claims and allegations being "all swept under the carpet" and his life being ruined. Detective Farrell said there was no truth in the content. At sentencing today, Judge Bernadette Owens heard that while the probation report had been received, Mr McGovern's solicitor John Quinn requested more time to discuss to it with his client. Judge Owens adjourned the case until 4 September for sentencing. Victim Impact Statement In a hard hitting victim impact statement, Antoinette Cunningham said the "lies, falsehoods and character destruction" posted online had a profoundly negative effect on her and her family. "The emotional impact of this crime on me was difficult, I still don't understand why a stranger decided to target me in this way" she said. "I felt a total violation of my privacy, my character, my integrity, and my sense of personal well-being and peace of mind was fractured as a result of what happened." Ms Cunningham outlined that she became aware of the allegations posted on a social media platform in March 2023. She said she tried to have the material removed but was advised by the social media platform that the material did not, in their view, 'violate their rules'." Ms Cunningham said "this added enormously to the upset and vulnerability" she felt. "I felt helpless to defend myself or to receive the expected support from the social media platform, there was a personal vilification of me going on, and I was powerless, at that point, to do anything about it." Ms Cunningham told the court that at the time of the incident, she held the position of general secretary of the Association of Garda Sergeants and Inspectors, a job which carries a significant public profile and role. She spoke of how difficult it was, in such a busy and demanding job, "to present a façade of normality at work while at the same time trying to deal with this matter". Ms Cunningham said until today, she has remained a relatively voiceless victim of this crime, to fully respect the investigation and judicial process and she hopes by speaking out, she can encourage others to come forward. "Online harassment can happen to anyone, in any walk of life and this case, sadly, is a demonstration of the very toxic side of social media, that came into my everyday life and turned, what was a normal evening at home, into a process that is only ending now" The former AGSI General Secretary criticised the social media platform X saying she finds it "deeply upsetting that something that is a criminal offence in this country is not accepted as a breach of social media rules here". "I have chosen now, to speak to the court about this matter, to convey my sense of frustration at having to publicly expose myself again as I feel I have no other real choice," Ms Cunningham added. "To stay silent, I would be doing a disservice to myself but especially to my family and allowing behaviour like this to go unchallenged." "I genuinely feel it is my civic duty to speak up and voice how this has affected me, so that others may feel empowered to address similar situations and take action for their own safety and wellbeing" she said. Ms Cunningham also paid tribute to the gardaí involved in the investigation.
Sunday World
21-06-2025
- Sunday World
Ex-garda detective who harassed woman avoids jail for a second time
Eamon Moran harassed a woman by sending her unwanted texts and calls on dates between 2021 and 2023. A retired detective garda who was facing jail time after he contacted a woman despite his conviction for harassing her has had his eight-month custodial sentence suspended on appeal. The District Court Appeals Court heard that Eamon Moran (51) has suffered ill health ever since he was attacked on a 2012 deportation flight and was recently in intensive care. Moran, with an address in Perrystown, Dublin 12, harassed a woman by sending her unwanted texts and calls on dates between 2021 and 2023. He originally pleaded guilty before the District Court and was convicted of harassment under section 10.1 of the Non-Fatal Offences Against the Person Act, 1997, amended by the Harassment, Harmful Communications and Related Offences Act 2020. He was sentenced to eight months in custody, which was fully suspended for two years on the condition that Moran would make no contact with the injured party and her family, would continue his medical rehabilitation and would stay one kilometre away from the injured party's home. His jail sentence was reactivated by Judge David McHugh at Blanchardstown District Court in October 2024 after the court heard Moran had contacted the woman by email and phone after his conviction. The victim reported the breaches to gardaí, saying that his actions caused her some anxiety and stress. The court heard that Moran had sent an email and then called the victim on two different days in September 2024, which went unanswered. It was found that Moran had breached the conditions of his suspended sentence and he did not contest this in the District Court. Counsel for the appellant, Niamh Ní Aonghusa BL, told the District Court Appeals Court that Moran 'misinterpreted this non-relationship' and is "very much apologetic" to the victim. She said he has no intention whatsoever to contact the victim again. Ms Ní Aonghusa said that Moran's health has been in decline since an incident in 2012 in which he was on a flight that was deporting people in his duty as a garda when he was attacked by a man with a razor blade. She presented several letters from medical professionals which said that Moran suffered a stroke, had a hole in his heart and had a liver condition. Former garda sergeant Eamon Moran speaking to Sunday World reporter Alan Sherry News in 90 Seconds - June 22nd She said that he was recently in intensive care in St James's Hospital and that the muscles in his legs have depreciated. Judge Sinéad McMullan said that this is 'obviously a very serious matter' and that no one should have to deal with harassment. She said there was a clear court order that Moran 'clearly breached', but she also took into account that he was recently very unhealthy. Judge McMullan decided to fully suspend the sentence of eight months for a period of two years on the condition that Moran in no way attempt to contact the injured party ever again, stay one kilometre away from her house, continue to receive medical attention and attend Alcoholics Anonymous meetings. Funded by the Courts Reporting Scheme.
Irish Independent
21-06-2025
- Irish Independent
Retired detective garda avoids jail for second time over harassment of woman
The District Court Appeals Court heard that Eamon Moran (51) has suffered ill health ever since he was attacked on a 2012 deportation flight and was recently in intensive care. Moran, with an address in Perrystown, Dublin 12, harassed a woman by sending her unwanted texts and calls on dates between 2021 and 2023. He originally pleaded guilty before the District Court and was convicted of harassment under section 10.1 of the Non-Fatal Offences Against the Person Act, 1997, amended by the Harassment, Harmful Communications and Related Offences Act 2020. He was sentenced to eight months in custody, which was fully suspended for two years on the condition that Moran would make no contact with the injured party and her family, would continue his medical rehabilitation and would stay one kilometre away from the injured party's home. His jail sentence was reactivated by Judge David McHugh at Blanchardstown District Court in October 2024 after the court heard Moran had contacted the woman by email and phone after his conviction. The victim reported the breaches to gardaí, saying that his actions caused her some anxiety and stress. The court heard that Moran had sent an email and then called the victim on two different days in September 2024, which went unanswered. It was found that Moran had breached the conditions of his suspended sentence and he did not contest this in the District Court. Counsel for the appellant, Niamh Ní Aonghusa BL, told the District Court Appeals Court that Moran 'misinterpreted this non-relationship' and is "very much apologetic" to the victim. She said he has no intention whatsoever to contact the victim again. Ms Ní Aonghusa said that Moran's health has been in decline since an incident in 2012 in which he was on a flight that was deporting people in his duty as a garda when he was attacked by a man with a razor blade. ADVERTISEMENT She presented several letters from medical professionals which said that Moran suffered a stroke, had a hole in his heart and had a liver condition. She said that he was recently in intensive care in St James's Hospital and that the muscles in his legs have depreciated. Judge Sinéad McMullan said that this is 'obviously a very serious matter' and that no one should have to deal with harassment. She said there was a clear court order that Moran 'clearly breached', but she also took into account that he was recently very unhealthy. Judge McMullan decided to fully suspend the sentence of eight months for a period of two years on the condition that Moran in no way attempt to contact the injured party ever again, stay one kilometre away from her house, continue to receive medical attention and attend Alcoholics Anonymous meetings. Funded by the Courts Reporting Scheme.
Sunday World
10-06-2025
- Sunday World
Teen (18) produced child pornography by sharing intimate images of girl (15), court told
As the female teenager was a minor at the time of the alleged offence, the man is also facing two charges under the Child Trafficking and Pornography Act on November 15th 2022. A Clare teenager, just turned 18, posted a collage of intimate images of a 15 year old girl onto his Snapchat stories in a so-called Coco's Law prosecution, a court has heard. In the case before Kilrush District Court on Tuesday, the accused - now aged 20 - appeared in connection with being charged with three alleged offences over the posting of the intimate images in November 2022. Judge Alec Gabbett said that the case comes under Coco's Law, which is formally known as the Harassment, Harmful Communications and Related Offences Act 2020 which criminalises the non-consensual distribution of intimate images. In the case, the accused, aged 18 at the time, is charged with on November 15th 2022 publishing or distributing an intimate image of the female without her consent with the intention to cause her harm contrary to Section 2(1) and (3) of the Harassment, Harmful Communications and Related Offences Act 2001. Stock image News in 90 Seconds - Tuesday June 10 As the female teenager was a minor at the time of the alleged offence, the man is also facing two charges under the Child Trafficking and Pornography Act on November 15th 2022. The man is accused of knowingly having in his possession child pornography, the image of the female aged under 17 which, the charge says, depicts her genitals on the date. The man - accompanied to court by his mother and a sister - is also charged with producing child pornography for the purpose of distribution, publication, exportation, sale or show contrary to Section 5(1) of the Child Trafficking Act and Pornography Act1998. In court, Garda Nadine Keane, now of Roxboro Garda Station, Limerick said it will be alleged that the accused had in his possession a collage of four intimate images of the female on November 15th 2022 and posted them to his online Snapchat stories on the same date. Garda Keane said that one of the images depicting the girl's genitalia was a Category Two image as categorised under the Child Trafficking Act and Pornography Act. Judge Gabbett said that Category One would be regarded as the most serious followed by Category Two. Garda Keane said that the images were left online for a number of hours before they were taken down by the man who allegedly posted them. He continued by saying that the female - who turned 18 earlier this year - made a statement of complaint to Gardai and was interviewed by specialist Garda interviewers. The Garda said that the case was investigated by the Clare Division Protective Services Unit based at Crusheen. Garda Keane said that when charged at Kilrush Garda Station on May 29th, the accused made no reply after caution. He added that the DPP has directed that the case be heard in the district court on a plea of guilty only. After hearing an outline of the facts, Judge Gabbett said that he was declining district court jurisdiction and the case will now be transferred to the circuit court where more serious penalties apply on conviction. Judge Gabbett said that he was declining jurisdiction due to the seriousness of the alleged offences, the categorisation of the images and that the case warrants consideration by the circuit court taking into account the impact on the alleged injured party. The judge said that if the accused was aged under 18 at the time, he would have kept the case in the district court. In the district court, penalties for the Coco's Law offence can be up to one year on prison on conviction and Sgt John Burke said that before the circuit court, a 14 year prison term can apply on conviction. Judge Gabbett remanded the man on continuing bail to appear at Kilrush District Court to July 15th. Judge Gabbett imposed reporting restrictions on the identity of the accused and the injured party due to the age of the injured party at the time of the alleged offences.
