Sinn Féin TD Martin Kenny had been among the witnesses due to give evidence in the Circuit Court trial in Nenagh, Co Tipperary. Photograph: Dara Mac Dónaill/The Irish Times
He had been charged with five offences relating to Section 13 and section 13 of the Post Office Act, 1951 as amended by Section 4 of the Communications Regulations Act, 2007, which were alleged to have taken place on October 18th, 22nd and 23rd 2019, two charges under Section 10 and of the Non-Fatal Offences Against the Person Act, 1997, both alleged to have been committed on October 18th, 2019, and two under the Misuse of Drugs Act 1977 alleged to have been committed on November 4th, 2019.
One of the messages read: “Martin, yourself and your colleagues in Sinn Féin are traitors to the Irish people ... Hopefully you are executed like the dogs you are.” No judge was sitting in Nenagh on November 3rd, 2019 and as a result Garda Inspector Pat Harney had sought to have the search warrant issued by Judge Marian O’Leary in Limerick.
Mr Byrne also argued that Judge O’Leary did not have jurisdiction to issue a warrant for a search to be carried out in the district in which Mr Ballantine lives and, after clarification was sought, Judge Catherine Staines ruled on this point that the warrant had been invalid.
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