A man has been jailed for seven months for the online harassment of the former general secretary of the Association of Garda Sergeants and Inspectors (AGSI).
38-year-old Andrew McGovern, of School Lane, Rathowen, Co Westmeath had previously pleaded guilty to harassing Antoinette Cunningham under Section 4(1) and (3) of the Harassment, Harmful Communications and Related Offences Act 2020.
Ms Cunningham was general secretary of the AGSI when the offences took place, over a two-week period in March 2023.
At Mullingar District Court today, Judge Bernadette Owens said it was evident from the probation report that McGovern has very serious underlying psychological issues.
However, she said McGovern had refused to engage in any assessment which "could have been of benefit to the court but most importantly himself".
Judge Owens said she viewed this case at the higher end of the maximum sentence of 12 months she could impose.
She sentenced McGovern to ten months, suspending the final three months for two years.
Diarmuid Quinn BL for McGovern told the court that McGovern wanted to apologise and realises the distress he has caused Ms Cunningham.
Mr Quinn told the court that McGovern, who is on medication for psychological issues, didn't mean to cause any harm.
Sentencing hearing
Ms Cunningham was not in court for today's sentencing.
At an earlier sentencing hearing, Detective Sergeant Alan Farrell from the Garda National Bureau of Criminal Investigation told Mullingar District Court 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 McGovern's X (formerly 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 Sergeant Farrell said there was no truth in the content.
Victim Impact Statement
In July, Ms Cunningham delivered a hard hitting victim impact statement.
She 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," she said.
Ms Cunningham told the court that at the time of the incident, she held the position of General Secretary of the AGSI, 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 that day, she had remained a relatively voiceless victim of this crime, to fully respect the investigation and judicial process and she hoped by speaking out, she could encourage others to come forward.
'Demonstration of toxic side of social media'
"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," she said.
Ms Cunningham 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.
"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.
