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Gilroy fails to secure injunction against autism rights campaigner
Summary
In an appeal-stage pretrial motion, Mr Justice Senan Allen dismissed anti-eviction activist Ben Gilroy's application for an injunction under section 33 of the 2009 Defamation Act. Gilroy, who remains jailed in Mountjoy Prison for contempt of court after failing to complete 80 hours of community service, sought to compel autism rights campaigner Fiona O'Leary to remove a YouTube video pending the outcome of his defamation action. The judge found that Gilroy failed to meet the legal threshold for the order, noting that whether the video conveys defamatory meanings is a matter for a jury to decide. The court observed that a jury might view the case as "greatly over pleaded" and stated it could not conceive the Court of Appeal interfering with a jury verdict finding the video non-defamatory. O'Leary, represented by Patricia Sheehy Skeffington BL, denies the post contains defamatory remarks. Businessman Vincent Byrne, of Balrothery, Co Dublin, is a co-applicant in the suit against O'Leary. Following the ruling, the judge addressed concerns regarding statements Gilroy made in an interview, noting O'Leary could bring a motion if necessary. The judge then adjourned the case to a date in late April.
Who, what, where, when and why
What: Report matter: Gilroy fails to secure injunction against autism rights campaigner. Procedural stage: appeal
When:
- June 23rd Other
- 2019-02-01 Publication
Why: Following the ruling, Ms Sheehy Skeffington said her client had a concern because Mr Gilroy had said in an interview on an internet radio channel that if he did not get the injunction he was then free to say whatever he wanted about Ms O'Leary. CNI source report
Case subjects
Applicant
Outcome: In a judgement on Friday, Mr Justice Senan Allen said Mr Gilroy, who remains jailed in Mountjoy Prison for contempt of court, had failed to meet the legal threshold for the order and dismissed the injunction application.
Applicant
Outcome: The judge then adjourned the case to a date in late April.
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