A number of allegations made on social media by a former Co Kerry general election candidate about Michael Healy-Rae, Minister of State at the Department of Agriculture, Food and the Marine, are to be taken down and not repeated, pending trial of the matter.
The application for an interlocutory order involving 12 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 at Tralee Circuit Civil Court.
The judge said he did not wish to silence Ms Keane, who is in the same political arena, but anything said about Mr Healy-Rae had to be responsibly verified and balanced.
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.
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“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 pages of social media comment had been submitted in defence, the judge noted.
However, there was no evidence of truth and the defence of honest opinion, which had to be grounded in truth also fell, the court held during the hour-long ruling.
There was “no attempt to distinguish between suspicion, allegations and facts”, 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.
He added that 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 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
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 responded, to some laughter in court.
Mr Healy-Rae’s injunction was sought under Section 33 of the Defamation Act 2009.
Barrister for Mr Healy-Rae, Elizabeth 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 has seven days to take down the posts.
Judge Munro said he was adjourning the issue of costs 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.
