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".
