Kildare court finds that there was ‘no malice’ behind voicemail message

Naas District Court found that there was 'no malice' intended in a voicemail message.

The decision was made on Thursday, May 18, during an in-camera (in private court session).

A woman alleged that her partner breached a domestic violence order via the phone call.

It was heard that the man and the woman are in the middle of divorce proceedings.

Gardaí told Judge Desmond Zaidan that the man apologised to the woman over the voicemail message, and pleaded with her to meet with him so they could talk through their issues.

Defending barrister Aisling Murphy said while she accepted that the man left five missed calls and two voicemails on her phone, she maintained that the calls 'did not put the woman in fear.'

"This is an abuse of process," Ms Murphy added.

Judge Zaidan said that while a breach was technically committed, it was 'on the lower end', and applied the Probation Act.