21-05-2025
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'.
