Court to rule in case brought by Healy-Rae over social media posts
An application by Minister of State Michael Healy-Rae against a former Kerry general election candidate and activist seeking to remove allegedly defamatory social media posts will be ruled on tomorrow, the Circuit Civil Court in Tralee has heard, after lengthy consideration of the allegations.
Six separate social media posts including video recordings and monologues, which Mr Healy-Rae claims defamed him, were before the court.
Respondent Michelle Keane, of Knocknagoshel, represented herself after legal argument about directly briefing a barrister under High Court rules. She had also subpoenaed a number of witnesses, two of whom were not in court.
A senior county council official subpoenaed this morning by Ms Keane was represented in court by barrister Eliza Kelleher.
There were also 60 pages of TikTok comments as part of the defence which the judge said he had no intention of reading.
At one point, Judge Munro told Ms Keane: "Your belief is what got you into trouble - what I want to know is facts."
He also said the allegations were "sensational and wild".
Back and forth argument and reference to affidavits which Ms Keane said would support her views continued for almost an hour.
"It seems clear to me you like to air your grievances about Michael Healy-Rae at every opportunity," Judge Ronan Munro said.
She had made the claims, she had published them and had been given every chance to prove them, he also said.
"I haven't seen any evidence," Judge Munro said.
However Ms Keane said Mr Healy-Rae should be in court so she could put her points to him.
However Judge Munro said the court, which was busy with numerous criminal and other matters, was not a forum for airing grievances and he urged her not to waste his time.
"I didn't bring the proceedings," Ms Keane said.
She also alleged Mr Healy-Rae had said plenty and defamed her. Judge Munro told her she was entitled to bring her own defamation case, and he would hear it. He enquired of what Michael Healy-Rae said about her.
Ms Keane claimed that he had "ranted and raved" about her in the Dáil.
Ms Keane also said her concern was for her town and her country.
"I'm passionate about people," she said.
Around 30 supporters were in the court in Tralee.
Elizabeth Murphy, barrister for Mr Healy-Rae said Ms Keane "appeared to be saying to the court if she really, really believes in something she's allowed to disseminate it. That is not the law", Ms Murphy said, at which point Ms Keane read from Section 20 of the Defamation Act on sincere belief.
Judge Munro, said the application on affidavit was for an interlocutory injunction. There were a lot of submissions. He needed time to reflect and think about the matter. He adjourned the matter to tomorrow at 10am.
Ms Murphy, instructed by Killarney solicitor Dan O'Connor, has already told the court she was seeking "an injunction to restrain publication of a most grave and serious nature".
This was a civil matter under Section 33 of the Defamation Act and Ms Keane should be called, Ms Murphy said at the outset.
The objective was to take down and restrain further allegations, and she was seeking an interlocutory injunction.
The barrister said she was seeking an order "to remove all posts accusing her client of illegality or immorality and to stop doing it".
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Sunday World
an hour ago
- Sunday World
Gangland criminal had cocaine in system at time of fatal motorcycle crash
The 38-year-old died in a crash on the main Sligo to Manorhamilton Road on June 29th 2023. An inquest into the death of CAB target Ian McMorrow has heard that he had cocaine in system at the time of his death. The 38-year-old died in a crash on the main Sligo to Manorhamilton Road on June 29th 2023. He was travelling towards Sligo at the time with a friend, Darren Sommers who was on another motorbike. The father of three was driving a Suzuki Motorcycle, which collided with a blue Ford Focus car travelling in the opposite direction at around 8.30pm. A toxicology report found Mr McMorrow had cocaine in his system at a level of 0.084. It was determined that the presence of the drug may have been a contributing factor in the crash. Speed was also identified as an underlying cause of the collision. Ian McMorrow News in 90 June 4th An inquest into his death was held by Coroner Fergal Kelly at Carrick on Shannon Courthouse last week. The coroner returned a verdict that the cause of death was blunt force trauma following a road traffic accident. He was pronounced dead at the scene at 8.48pm. A deposition from the driver of the Ford Focus, Tara McGloin was read to the inquest. In it, she said she was driving home after dropping her father and younger sister to collect a car from a mechanic. She said she was pulling out onto the N16 and she looked left and right, and left and right again before she pulled out on to the main road. She said she was certain nothing was coming and pulled out, heading towards Manorhamilton. The woman said she then saw a flash and felt a bang. A breathalyser test was conducted at the scene, which she passed. A few months before his death, McMorrow was described by the High Court as being 'actively involved the sale and supply of drugs'. He was closely connected to local mob boss Patrick Irwin. In May 2023, High Court judge Mr Justice Alex Owens ruled that it was reasonable to believe that a Volkswagen Golf, two diamond rings and €5,000 in cash belonging to him were funded by the drugs trade. The items, including the cash that was found hidden in his girlfriend's underwear that were seized by CAB, were declared proceeds of crime and confiscated from McMorrow, who had more than 50 criminal convictions. McMorrow didn't challenge a CAB bid to have his car and cash declared the proceeds of crime. His girlfriend Claudia Gethins claimed the rings were an inheritance. The car and property were seized in garda raids in July 2021 targeting the gang in which McMorrow acted right-hand man to leader Patrick Irwin, who himself has previously been stripped of assets by CAB. McMorrow's criminal career and connections with other drug dealers were detailed in affidavits submitted to the court as part of the CAB case. Garda believe that while Irwin was in prison 2018, Ian McMorrow built up his own gang thanks to his brother Kenneth's connections with Dublin criminals, according to garda evidence detailed in court. His brother Kenneth is married to a sister of Patrick Irwin, Catherine, a former soldier who was kicked out of the Army after obstructing garda trying search Kenneth. The Irwin gang and the one previously controlled by Young have connections that stretch all along the west of Ireland, Northern Ireland and are linked to Dublin-based drug dealers with international connections. Details of the CAB investigation into McMorrow later emerged, including how he paid for his 172-reg VW Golf for cash in Northern Ireland. An Audi he traded in for the Golf had previously been bought for more than €10,000 in Co Meath when he had no legitimate means to acquire that amount of cash. While two lodgements of €10,000 and €12,000 had been made to his bank account from compensation claims, later transactions didn't correspond with the purchase of the Golf. A 'substantial amount' of duty, almost €8,000, was paid on the car by McMorrow's grandmother who the judge said had no interest in the car. Judge Owens said McMorrow and Gethins are people of 'no means' who live in a house they don't own and don't have the resources to account for the car, jewellery or cash. He said the explanation is in the affidavits that McMorrow is a drug-dealer 'working with other shady characters' The judge appointed a receiver with the power to sell off the car and jewellery and ordered the proceeds from the sales to be lodged in an account until they are forfeited to the State. McMorrow, who has more than 50 previous convictions, was a violent drug dealer selling cocaine and cannabis, who has received lengthy prison sentences. While still in his 20s he was jailed for making threats to shoot someone during a drunken melee for which he served a prison sentence. In 2022 he got a three-month suspended sentence for obstructing gardai when he was seen throwing away a plastic bag and a mobile phone as he was being chased by gardai near his home. In 2019 he was prosecuted for dangerous driving after members of the Divisional Drugs Unit attempted to stop him getting away from them. The car was driven at high-speed on the wrong side of the road, mounted footpaths and only came to an end when a tyre blew out.
Irish Times
2 hours ago
- Irish Times
School closed due to dispute over control of Islamic cultural centre in Dublin, court hears
A school at the Islamic Cultural Centre of Ireland in Clonskeagh, Dublin, has closed as part of a dispute over control of the centre's operations, the High Court heard. Mr Justice Brian Cregan was also told Clonskeagh is the primary place for holding a major annual Muslim festival, Eid al-Adha, which falls on Friday, but is now closed. The mosque at the centre had also closed, the court previously heard. The dispute arises out of the alleged unlawful appointment of new directors to the centre's operating company, the Al Maktoum Foundation CLG. Dr Abdel Basset Elsayed, a Co Meath-based medical consultant, says he has been a director of the foundation company since 2012. He claims the purported appointments of four new directors to the board are invalid and not in accordance with the company's constitution. READ MORE He sought orders from the court requiring the Companies Registration Office to rectify its register by removing the allegedly unlawfully appointed members and restraining the new directors from performing any duties or representing themselves as directors of the company. Barrister Niall Ó hUiginn, for the new directors, who are notice parties in the case, on Wednesday said his clients dispute the claims and contend Dr Elsayed has no legal standing to bring the case as he has been removed as a director. Counsel said Dr Elsayed was purporting to give directions on behalf of the Al Maktoum Foundation. His clients will say Dr Elsayed's removal from his directorship was in accordance with the company's constitution. [ Dublin Islamic cultural centre temporarily closed after gardaí called to altercation Opens in new window ] Counsel said he did not wish to get into the merits of the case at this stage as his side needed time to put in a replying affidavit to Dr Elsayed's claims. Barrister Joseph Sallabi, who told the court he has a contract as in-house counsel with the Al Maktoum Foundation, objected to a three-week adjournment. His side argue a corporate body in Dubai is appointing the directors and they are acting for the company, counsel said. There were 27 teachers in the Clonskeagh school who had collectively resigned and the school has closed. Mr Ó hUiginn objected to Mr Sallabi making claims that had not been put on affidavit and were not part of any orders sought. Mr Justice Cregan told Mr Sallabi he would have to put his new claims on affidavit, and that he would also give the notice parties time to put their position on affidavit. It was an 'unfortunate situation', he said, and Mr Sallabi, if he wanted the school and mosque to be reopened, would have to bring a separate application in that respect. He adjourned the matter to later this month.
Irish Times
2 hours ago
- Irish Times
Warring couple's estimated €500,000 ‘high-conflict' litigation costs is ‘cautionary tale', warns judge
A warring couple's 'high conflict' proceedings involving estimated legal costs of about €500,000 are 'a cautionary tale' about the price of family law litigation, a High Court judge has said. The €1.1 million value of the remaining assets of the marriage of less than five years puts the scale of the legal costs 'in context', Mr Justice John Jordan said. He made the comments when upholding the man's appeal against certain Circuit Court orders made in divorce proceedings. Orders requiring the man to pay the woman a €150,100 lump sum for spousal maintenance, €173,500 to achieve pension equalisation and €61,500 towards her legal fees were described as 'punitive' by Mr Justice Jordan. READ MORE It was a short marriage with few matrimonial assets generated during its existence, the judge said. Taking this into account, and that inheritances accounted for much of the husband's assets, the woman should have about 25 per cent of the available assets, meaning a total lump sum of €275,000, plus payment of her health insurance, the judge ruled. The man has valuable pensions, while the woman's are of nominal value, but that must be viewed in the context of the marriage's short duration, he said. The man has a reasonably good salary and, while the woman earns significantly less, her part-time earnings are reasonable and likely to increase, he said. The Circuit Court failed to properly take into account the man will separately pay €1,100 monthly maintenance, plus some other costs, for their child and had put €56,000 in a trust fund for the child, the judge noted. He set aside a safety order the Circuit Court granted to the woman against the man. He found she had not pressed that court for it and there was a lack of evidence of any violence, or threats of violence by the man. 'Simply to set necessary lines of demarcation,' the judge said he would make orders restraining the man from entering the woman's property. The dispute between the man and woman has been before the District Court, Circuit Court and High Court, he said. The woman initiated judicial separation proceedings and there were other proceedings related to access and custody. He was satisfied both sides contributed to the disagreements and the 'high conflict' nature of the litigation. To their mutual credit, against a 'difficult backdrop' and medical issues, their young child is doing well, the judge said. A summary of legal costs indicated the woman's costs were about €258,000, of which €44,000 was paid, while the man's were €212,000, most of which have been paid. He estimated accountants' fees at €20,000-€30,000. Both sides must negotiate their own fee payments, the judge said. Hers are likely to be much less than the 'aspirational' €258,000 referred to, he believed. It seemed the woman would probably have qualified for legal aid but she decided not to apply, apparently in the belief the service would have been inferior to that of private lawyers, the judge said. There was 'no reason' to doubt the quality of the legal aid service and nothing to suggest there would have been any greater delays if she was represented by the Legal Aid Board, he said. Her decision not to seek legal aid was 'somewhat irresponsible' when she clearly could not afford private representation and the total resources of the marriage 'were not great', he said. Considering this factor, alongside other reasons, the judge set aside an order requiring the man to pay €61,000 towards her legal fees.
