Latest news with #CircuitCivilCourt
Irish Examiner
22-05-2025
- Politics
- Irish Examiner
Defamatory posts about Michael Healy-Rae must be taken down, judge rules
A number of allegations on social media by a former Kerry general election candidate and activist about Michael Healy-Rae are to be taken down from social media and not repeated 'pending' trial of the matter, a court has ruled. The application for 'an interlocutory order' involving around a dozen social media posts by Michelle Keane, of Knocknagoshel, including video recordings and monologues which Mr Healy-Rae claims defamed him was ruled on by Judge Ronan Munro on Thursday morning. The statements concerned were defamatory, the judge ruled granting the interim order. The judge said he did not wish to silence Ms Keane, who was in the same political arena, but anything said about Mr Healy-Rae had to be responsibly verified and balanced. The ruling followed over an hour-long hearing of the motion on Wednesday at the Circuit Civil Court in Tralee. Judge Munro said his ruling did not mean Mr Healy-Rae cannot be criticised or held to account. 'But you can't make statements about him that are not responsibly verified,' he told Ms Keane, representing herself. 'Belief, even intense belief, in truth of statements is not the same as truth,' the judge said. Affidavits and 'a large volume of material', including page after page of social media comment, had been submitted in defence, the judge noted. Evidence Tere was no evidence of truth and the defence of honest opinion which had to be grounded on truth also fell, the court held during the hour-long ruling. There was 'no attempt to distinguish between suspicion, allegations, and facts', and the posts were ' utterly lacking in balance', the judge said. There was no attempt at reflecting the plaintiff's point of view, Judge Munro added. 'The order is based on evidence I have at this stage, pending full trial of the matter,' Judge Munro said. The order wasn't to take down everything in relation to Michael Healy-Rae. It's only defamatory matters Mr Healy-Rae complained in the court papers he received hate mail as a result of one of Ms Keane's posts of 'a fairly serious allegation', Judge Munro put it to Ms Keane. However, Ms Keane said Michael Healy-Rae was a public representative. 'He'd want to get over himself. I get hate mail. I don't go crying to mommy or daddy about it or to Kerry's Eye,' she responded to some laughter in court. Michelle Keane, of Knocknagoshel, agreed to take down the posts pending trial. File Picture: Valerie O'Sullivan She then held up a copy of this week's Kerry's Eye, stating she hadn't made page one or page three but made page six this week. 'She's in the same political arena, I am not going to make an order silencing her,' the judge told Mr Healy-Rae's counsel, Elizabeth Murphy. Injunction Mr Healy-Rae's injunction was sought under Section 33 of the Defamation Act 2009. Ms Murphy, instructed by solicitor Dan O'Connor, told the court she was seeking 'an injunction to restrain publication of a most grave and serious nature'. The barrister said she was seeking an order 'to remove all posts accusing her client of illegality or immorality, and to stop doing it'. Michelle Keane agreed to take down the posts pending trial. She also asked Judge Munro: 'I can comment about Michael Healy-Rae and it's true?' Judge Munro said he had nothing against that, but cautioned her: 'Publish at your own peril. That's a rule for everyone.' Judge Munro, who at one stage described Ms Keane as an intelligent woman, said: 'I choose to be optimistic Ms Keane will co-operate in this process in respect of the ruling.' I know you don't agree. But I see you respect it A draft of the order regarding specific posts to be removed is being made, and Ms Keane "could not say things in another guise". She has seven days to take down the posts. Costs normally follow the event. However, Judge Munro said he was adjourning this to see the full situation to late June when the matter comes before the court again. Ms Keane said she is to appeal the matter to the High Court. Judge Munro said this was her right. The media cannot publish the allegations as part of the order.
RTÉ News
22-05-2025
- Politics
- RTÉ News
Posts about Healy-Rae to be taken down pending trial
A number of allegations on social media by a former general election candidate and activist about Kerry TD Michael Healy-Rae are to be taken down from social media and not repeated "pending" trial of the matter, a court has ruled. The application for "an interlocutory order" involving around six social media posts by Michelle Keane of Knocknagoshel, Co Kerry, including video recordings and monologues, which Mr Healy-Rae claims defamed him, was ruled on by Judge Ronan Munro this morning. The statements concerned were defamatory, the judge ruled, granting the interim order. The judge said he did not wish to silence Ms Keane but anything said about Mr Healy-Rae had to be responsibly verified and balanced. The ruling followed an over-hour-long hearing of the motion yesterday at the Circuit Civil Court in Tralee. Judge Munro said his ruling did not mean Mr Healy-Rae cannot be criticised or held to account. "But you can't make statements about him that are not responsibility verified," he told Ms Keane, representing herself. "Belief, even intense belief in truth of statements is not the same as truth," the judge said. Affidavits and "a large volume of material", including page after page of social media comments, had been submitted in defence, the judge noted. The judge had spent a number of hours reading the material. However, there was no evidence of truth and the defence of honest opinion, which had to be grounded on truth, also fell, the court held during the ruling. There was "no attempt to distinguish between suspicion, allegations and facts", and the posts were "utterly lacking in balance" and there was no attempt at reflecting the plaintiff's point of view, Judge Munro said of the posts. "The order is based on evidence I have at this stage, pending full trial of the matter," Judge Munro said. The order "wasn't to take down everything in relation to Michael Healy-Rae". "It's only defamatory matter," Judge Munro said. Mr Healy-Rae complained in the court papers that he received hate mail as a result of one of Ms Keane's posts of "a fairly serious allegation", Judge Munro said. However, Ms Keane said Mr Healy-Rae was a public representative. "He'd want to get over himself. I get hate mail. I don't go crying to Mommy or Daddy about it or to Kerry's Eye," she said. The judge said he did not want to silence Ms Keane, she had a right to speak provided it was responsibly grounded. "She's in the same political arena, I am not going to make an order silencing her," the judge told Mr Healy-Rae's counsel Elizabeth Murphy. Mr Healy-Rae's injunction was sought under Section 33 of the Defamation Act 2009. Ms Murphy, instructed by Killarney solicitor Dan O'Connor, told the court she was seeking "an injunction to restrain publication of a most grave and serious nature". The barrister said she was seeking an order "to remove all posts accusing her client of illegality or immorality and to stop doing it". Ms Keane agreed to take down the posts pending trial. She also asked Judge Munro can she "comment about Michael Healy-Rae and it's true?" Judge Munro said he had nothing against that but cautioned her. "Publish at your own peril. That's a rule for everyone," Judge Munro said. "I choose to be optimistic Ms Keane will cooperate in this process in respect of the ruling," he added. "I know you don't agree. But I see you respect it," Judge Munro said. A draft of the order regarding specific posts to be removed is being made and Ms Keane "could not say things in another guise". She has seven days to take down the posts.
RTÉ News
21-05-2025
- Politics
- RTÉ News
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".
Irish Examiner
21-05-2025
- Politics
- Irish Examiner
Healy-Rae bid to remove alleged defamatory social media posts adjourned
An application by junior minister Michael Healy-Rae against a former Kerry general election candidate and activist, seeking to remove allegedly defamatory social media posts, will be ruled on Friday, the Circuit Civil Court in Tralee heard on Wednesday 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, a mother of two, 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 on Wednesday 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 Ronan 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,' Mr Justice Munro said at one point. 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. Michelle Keane was joined by about 30 supporters in court. File picture: Valerie O'Sullivan 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. He urged her not to waste his time. 'I didn't bring the proceedings ' Ms Keane said. She also alleged Michael Healy-Rae, minister of State at the department of agriculture, food and the marine, 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 Mr Healy-Rae said about her. He had 'ranted and raved' about her in the Dáil, Ms Keane claimed. 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, counsel 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.' 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 Friday at 10am. Ms Murphy, instructed by 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. Counsel said she was seeking an order 'to remove all posts accusing her client of illegality or immorality and to stop doing it'.
Irish Times
19-05-2025
- Health
- Irish Times
Schoolgirl scalded on Ryanair flight from Lourdes accepts €30,000 settlement
A girl who was scalded on a Ryanair flight from Lourdes has accepted a €30,000 settlement offer from the airline together with significant legal costs. Sienna Darcy was aged seven when a 'piping hot' pasta meal including oil and sauce spilt on to her hand during a flight to Dublin on July 12th, 2019. The meal had been placed before Sienna by cabin staff on what was claimed to have been an unstable extendable seat tray, the Circuit Civil Court heard. Ryanair staff had immediately treated Sienna with cold water, cooling gel and Calpol, the court heard READ MORE After landing she was taken by ambulance to Temple Street Children's Hospital for treatment. Darach MacNamara, for Sienna, told the court that while photographs of the burns to her left hand made for gruesome viewing he had to include them in evidence to reveal the extent of her injuries. . Sienna, who is now 12, sued through her mother, Aideen Darcy, of Oscar Square, Dublin. In written evidence, Mrs Darcy told the court: 'It really was a horrific experience.' She said her daughter had screamed in pain and had continued to be in pain and had cried for the duration of the flight. She had been required to attend the hospital on numerous occasions. Mr MacNamara said that although Sienna had suffered serious burns to her hand at the time, her wounds had healed very well without scarring and she had suffered no loss of function. She had been psychologically affected by the experience, he said. He said Sienna had to have a significant amount of counselling in the form of therapy, and the court considered a medical report from Dylan Murray, plastic and reconstructive surgeon, and two reports from consultant psychiatrist Blanaid Gavin. A settlement offer of €25,000 had been rejected by Judge Michael Walsh in January as inadequate. Mr MacNamara said the airline had come up with an extra €5,000, bringing its offer up to €30,000, which he was recommending to the court. Judge Christopher Callan told Sienna on Monday how he hoped her 'horrible experience' would not prevent her from travelling again as it was very important she travelled as much as she could. He said he was happy to approve the settlement offer of €30,000 to include special damages of €2,610.
