'I didn't send sick message to neighbour'
ROW: Man 'hotly' denies charges in delayed case
A 50-year-old Palmerstown man is accused of sending a neighbour an offensive telephone message, in what has been described as an ongoing "neighbourhood dispute".
Paul Fennell claimed that there have been allegations on both sides of the dispute, and said he will be "hotly contesting" the charge.
The accused, of Palmers Drive, Palmerstown, appeared before the Dublin District Court charged with sending an offensive message, which was grossly offensive or of an indecent, obscene or menacing character.
The alleged offence is contrary to Section 7 of the Postal and Telecommunication Services (Amendment) Act, 1999.
It is alleged that the incident took place on April 11, 2008, at Palmers Glade, Palmerstown.
A court heard that the DPP has directed summary disposal of the matter in the District Court.
Fennell's solicitor said there may be some prejudice to his client due to the "inordinate" delay in the matter coming before the court, claiming the allegation is "turning into a fine bottle of wine at this stage".
The court heard the alleged incident took place nearly two years ago, and a garda witness said the complaint by the alleged injured party may not have been made for a number of months.
Fennell's lawyer also said there may be an issue with how the summons was served, claiming it was given to a child.
He asked for the matter to be struck out, saying the allegation is of some vintage.
Judge Brendan Toale refused to strike out the matter, but said he was not making a decision on the delay in any way. However, the judge said he would note that the issue of delay had been raised by the defence.
Judge Toale ordered that statements in relation to the allegation be furnished to Fennell's solicitor, and he adjourned the matter to a date in June.