Solicitor hopes mother's case against Gemma O'Doherty can proceed
The solicitor representing a bereaved mother who is suing former journalist Gemma O'Doherty has said he hopes the case can now proceed to a full hearing following a recent High Court judgment.
An application made by Ms O'Doherty to strike out the case, after she claimed the action against her was unfounded and unlawfully funded, was refused in the High Court on 29 April.
Edel Campbell is taking legal action against Ms O'Doherty, trading as The Irish Light, after the alleged unauthorised use of an image of Ms Campbell's son Diego Gilsenan who died by suicide.
It is alleged that Ms O'Doherty had unlawfully used his image in an article linking unexplained deaths to the Covid-19 vaccination.
Ms Campbell also claimed she has been the subject of a campaign of harassment by Ms O' Doherty after taking legal action against her.
In June 2023, Ms Campbell's lawyers obtained orders from the court against Ms O'Doherty, including an injunction restraining the defendant from harassing, intimidating or communicating with Ms Campbell and her family.
In emails to the plaintiff's lawyers, Ms O'Doherty denied the defendant's allegations and rejected all claims that she has done anything wrong.
On 10 April last year, Gemma O'Doherty was arrested at her home and brought before the High Court over an alleged breach of an injunction ordering her not to harass Edel Campbell.
Ms O'Doherty told the High Court that the case taken against her over her alleged harassment of the mother of a young man who died by suicide is part of a targeted campaign funded by third parties who are out to silence her.
Ms O'Doherty repeatedly claimed the case was being funded by third parties and therefore any injunction against her was also illegal.
In a judgment two weeks ago, Mr Justice David Nolan said after considering the evidence "it would be inappropriate to prevent this case, at this preliminary stage, going to trial".
He stated that the purpose of the plaintiff's GoFundMe page is clearly stated.
He said the donations are to assist the plaintiff, in what the person who established the page said, "and presumably by the people who made the donations believe, to be a battle against hate and negativity".
He said there is no evidence to suggest champerty, and the evidence that is before the court suggests that the donations are for a charitable purpose.
"Therefore I refuse the application to dismiss the case on the grounds that it is maintenance and champerty."
The case appeared in court again today.
Ms O'Doherty did not attend.
Mr Justice Nolan directed the plaintiff's costs to be paid for by the defendant.
Afterwards the solicitor representing Ms Campbell, Ciarán Mulholland, said in a statement that this judgment is a significant step forward for Ms Campbell in her efforts "to protect her son's memory, family integrity, personal privacy but also to seek accountability for the suffering and harm caused by Ms O'Doherty".
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