Limerick man who sent explicit messages to politician avoids immediate prison sentence
A COUNTY Limerick man who sent sexually explicit videos to a Fine Gael TD during the 2020 general election campaign has received a suspended prison sentence and been ordered to stay away from Leinster House.
Gerard Culhane, aged 43, of Marian Place, Glin had pleaded guilty, at Dublin Circuit Criminal Court, to harassing Jennifer Carroll MacNeill at unknown places within the State on dates between January 13, 2020 and March 26, 2020.
He has no previous convictions.
Imposing sentence this Friday, Judge Patricia Ryan said the period in question had been “very disturbing and frightening” for the TD, particularly as it occurred during a general election campaign when she was meeting people.
Having considered the matter, Judge Ryan imposed a one-year custodial sentence which she fully suspended for 12 months on strict conditions.
She ordered that Mr Culhane should have no contact with the TD in person, by social media or via a third party for a period of five years.
Judge Ryan also directed that he stay away from Ms Carroll MacNeill's place of work at Leinster House, her constituency offices and her residence.
The court previously heard that Culhane sent the TD 13 messages over the period in question, including three sexually explicit videos, which he later admitted to gardaí he had downloaded from a pornographic website.
Judge Ryan said the aggravating factors in this case included the amount of messages sent and the effect the harassment had on the TD during an “important”, “busy and stressful part of her life”.
As a result, Ms Carroll MacNeill had safety concerns, particularly as she was meeting with members of the public during an election campaign.
It would have been a “distressing and frightening” experience for the TD to not know the identity of the person harassing her “when she was meeting people on a daily basis,” Judge Ryan said.
Setting the headline sentence at two years, Judge Ryan noted that Mr Culhane appeared, at the time, to be very socially isolated and was dealing with a medical issue.
She noted the mitigating factors include the guilty plea, the lack of previous convictions, and Culhane's co-operation with gardai.
Taking the mitigating factors into account, Judge Ryan imposed a one-year prison sentence, which she suspended for 12 months on strict conditions.
Defence counsel, Karl Monahan BL, submitted that a probation report, prepared for the court, indicates that his client is at low risk of re-offending.
His client, he added, told the probation officer that he wished to apologise to the TD and was remorseful for his actions.
“In hindsight, if he could change the decision he made, he would”, Mr Monahan said, adding that his client deeply regrets the effect of his actions on the TD, her family and his own family.
Defence counsel also handed in a testimonial from a member of a sports club on behalf of Mr Culhane.
Mr Monahan also confirmed that his client has made a donation to Aoibhneas Womens Refuge in Coolock, Dublin, a charity nominated by Ms Carroll MacNeill.