Judge Elizabeth MacGrath: dismissed nuisance call charges
A man allegedly involved in making over 130 nuisance calls in the one night to Nenagh Garda station had the charge against him dismissed by Judge Elizabeth MacGrath at Nenagh Court.
Bryan Kirby of 20 Ardan, Borrisokane, was charged with making the calls under the Wireless and Telegraph Act between November 20 and November 21, 2018.
Mr Kirby was not in court but was represented by solicitor Elizabeth McKeever.
Garda Willie Hayes told the court that he came on duty at 9pm that evening and was told by the duty officer that they had received a number of nuisance calls that day from a mobile phone number.
“I took up duty and the calls continued,” he said.
Garda Hayes said the caller would ring and when he would answer it they would hang up and say nothing.
He said that he tried calling the number back but it was never answered.
Garda Hayes said that he traced the calls back to a business operating in Borrisokane.
The following day he went with Det Garda Paudie O'Leary to Ardan and cautioned Mr Kirby.
He said that Mr Kirby admitted making a number of calls but refused to say who else was involved.
“He gave no valid reason for making the calls,” said Garda Hayes.
The garda said that he applied to have a print out of the calls and that showed there were 102 calls from the same mobile number and a further 30 from a private number.
Garda Hayes told Ms McKeever that when he and Garda O’Leary went to Mr Kirby’s house, they spoke to Mr Kirby through an open door and did not enter the house.
“He admitted the phone number was his,” he said.
Garda Hayes told Ms McKeever the business was no longer operating.
Garda O’Leary said that when they visited Mr Kirby’s house, Mr Kirby said that he did not make all the calls.
He said Mr Kirby did not open the door fully but answered their questions from behind the door.
He also told Ms McKeever that Mr Kirby could not give a valid reason for making the calls.
Det Garda Oliver Hennelly said he conducted an interview with Mr Kirby in Roscrea Garda station and read the memo of interview during which Mr Kirby replied “No comment” to most questions put to him.
Ms McKeever said she was “at a loss” as to why her client was not in court.
“I never took full instructions from him. He told me he didn't make the calls. I couldn’t contact him,” she said.
Judge Elizabeth MacGrath dismissed the charge due to concerns over which section under the Act that Mr Kirby had been charged with.