Man 'hated' by 'Antifa' has jail sentence for sending 'grossly offensive' messages overturned
A man who sent “grossly offensive” messages has had his two-month jail term replaced with a fully suspended sentence on appeal, with his lawyers arguing that their client was hated by people “connected with Antifa” and that prison would be a “hazardous environment” due to alleged threats against his life.
Defence counsel for Craig Fitzsimmons (51) said that people had allegedly threatened to kill his client if he were sent to prison and that the original trial judge should have made special provisions, instead of putting him at “great risk” with a custodial sentence.
Fitzsimmons, with an address in Bayside, Dublin 13, pleaded not guilty in the District Court to two counts of sending threatening or grossly offensive communication contrary to section 4 of the Harassment, Harmful Communications and Related Offences Act 2020.
He was convicted and sentenced to two concurrent sentences of four months with two months suspended. He later lodged an appeal against the severity of his sentence.
Garda Alice Neville told the District Court Appeals Court yesterday that on September 2, 2021, Fitzsimmons sent the injured party voice messages which were grossly offensive.
She said that on October 24, 2021, messages were sent to the injured party on the Telegram app. She confirmed that Fitzsimmons attended voluntarily at a garda station.
She said that Fitzsimmons was advised that if there were threats made against him, he should report them to gardai.
Defence counsel for Fitzsimmons, Edmund Shanahan BL, said that his client “behaved unwisely” because he was under extreme pressure due to alleged threats he had received.
He said that Fitzsimmons is a man who is “hated by certain people with very strong political views” and that people had allegedly threatened to kill his client in prison.
Mr Shanahan said that his client’s “antagonists” were connected with Antifa and are “extremely intolerant” of people with any opinions contrary to theirs.
Counsel said it could be argued that it was “somewhat unwise” for the District Court judge not to make special provision in regards to the “hazardous environment” of a prison in this case and that it would be a “great risk” for his client to go into custody.
Mr Shanahan said that Fitzsimmons is an experienced journalist who is in poor health and is not currently working. He said that his client was subject to a “barrage of threats” that he has reported to gardai.
Judge Fiona O’Sullivan said she noted that Fitzsimmons was cooperative with gardai and that he has no previous convictions.
She decided to suspend his four-month sentence in its entirety for a period of six months on the condition that he keeps the peace and does not contact the injured party by any means including social media.