Joseph Ballantine, a 48-year-old man from Grangelough, Borrisoleigh, County Tipperary, was cleared by a court of all charges which pertained to sending menacing messages to three TDs; one of them being Martin Kenny from Sinn Féin. The dismissal of charges followed the discovery that a search warrant executed on Mr. Ballantine’s residence as part of the police investigation was defective.
The case proceedings, originally scheduled for a fortnight at the Circuit Court in Nenagh, concluded ahead of schedule last Friday with Mr. Ballantine being acquitted on all counts. His accusations were linked to five violations under the amended clauses of the Post Office Act, 1951 and the Communications Regulation Act, 2007, two alleged offences as per the Non-Fatal Offences Against the Person Act, 1997, and two charges under the Misuse of Drugs Act, 1977. The latter was connected to the purported growth and possession of cannabis.
Key allegations concerning Mr. Ballantine largely revolved around the claim that he had despatched intimidating texts and made sinister phone calls to Mr. Kenny, David Stanton, and former Independent TD Seamus Healy. Mr. Kenny, who is Sinn Féin’s TD for Sligo/Leitrim, was the recipient of these anonymous threats after voicing his endorsement for providing shelter to asylum seekers.
The frightening contents of the messages received by Mr. Kenny included proclamations suggesting that he was a traitor to the Irish citizens along with violent threats, and an attempt was made to instil fear regarding his four children’s safety because of his alleged treason.
During a court session where a jury was already appointed, issues concerning the legitimacy of a search warrant were brought up by Mr. Ballantine’s primary advisor, John Byrne – but that was when the jury was not present. There was no judge available in Nenagh on November 3rd, 2019, thus Garda Inspector Pat Harney attempted to get a search warrant authorised by Judge Marian O’Leary in Limerick. The warrant was approved and executed at Mr. Ballantine’s residence the next day by the Garda Armed Support Unit who arrived followed by Inspector Harney, Mr. Ballantine’s arresting officer. Mr. Ballantine’s mobile was also confiscated during this operation.
John Byrne raised questions about the legality of the warrant which had been granted to the Garda at Limerick District Court on November 3rd, particularly whether erroneous information had been supplied to the judge, and if the proper protocols were adhered to when applying for it. Byrne also contested that Judge O’Leary lacked the authority to release a search warrant for a search intended to take place in Mr. Ballantine’s district. After seeking clarification, Judge Catherine Staines deemed the warrant invalid based on these arguments.
The charges against Mr. Ballantine were subsequently dismissed by court order and the jury was excused. Mr Kenny, speaking after the proceedings, refrained from commenting in detail but expressed his disappointment that the case had not been presented in court.