Judge orders Gemma O’Doherty to come to court over alleged breach of order not to harass mother of young man who died by suicide

A judge has ordered Gemma O’Doherty to appear before the High Court to answer her alleged refusal to obey an order not to harass the mother of a young man who died by suicide.

Mr Justice Mark Sanfey made the ruling saying he was satisfied that Ms O’Doherty had breached the terms of a court order. She should come before the court on Friday to answer her alleged contempt, he said.

The judge granted the order sought on behalf of Edel Campbell, who is suing Ms O’Doherty over the use of an image of her late son, Diego Gilsenan, on the Irish Light publication run by the defendant.

Ms O’Doherty was not in court on Wednesday when the application was made.

Last June Ms Campbell’s lawyers obtained orders from the court against Ms O’Doherty including an injunction restraining the defendant from harassing, intimidating or communicating with the plaintiff and her family.

Ms Campbell, represented by David Kennedy SC, appearing with Paul Comiskey O’Keeffe BL, instructed by solicitor Ciaran Mulholland, claims the order has been breached on “numerous occasions” by Ms O’Doherty.

It is claimed that in a series of video posts made by Ms O’Doherty on dates in June, July, August and September of last year, and earlier this year the defendant has made statements in clear disregard and in breach of the injunction.

Mr Justice Sanfey said it was very clear what the High Court had in mind when it granted the injunction against Ms O’Doherty last June which was to halt the intimidation of Ms Campbell.

The judge said that Ms O’Doherty, and comments posted on the Irish Light’s social media account, had made many references about Ms Campbell, and the circumstances of the unfortunate death of her son.

The court heard that Ms O’Doherty had stated that Ms Campbell was telling lies, made remarks about the plaintiff’s mental health and had questions to answer about her son’s death.

One post, the judge noted, said that Ms Campbell was being used as part of an “anti-Gemma psyop” by the defendant’s enemies.

In her application Ms Campbell claims the injunction had been “ineffective” in halting the alleged intimidation of the plaintiff by Ms O’Doherty, the judge said.

Nobody could be under any illusion that the intimidation of Ms Campbell by the defendant has continued after the injunction was granted, the judge said.

He added that “journalism could not be used as an excuse for the sort of conduct that the defendant has appeared to engage in.”

“Journalism” he said “is a rigorous exercise of fact checking and giving both sides of the story”.

The court also noted that Ms O’Doherty, who he said was apparently on a speaking tour, had not come to court either for Wednesday’s hearing, nor when the injunction was sought last June, to defend her position.

In the circumstances, the judge said he was satisfied to grant an order of attachment, which requires Ms O’Doherty to come before the court and answer claims that she is in contempt.

Several persons holding copies of the Irish Light attended court on Wednesday.

The court had previously heard that Ms O’Doherty denies any wrongdoing.

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