Courts / Cork / Report

Judge's order that campaigner not engage in behaviour offensive to anyone is quashed

Summary

The High Court has quashed a condition imposed on Fiona O'Leary, a campaigner against pseudoscience, following the resolution of her judicial review proceedings against the Director of Public Prosecutions. In January, at Bandon District Court, Judge James McNulty sentenced Mrs O'Leary to 60 days imprisonment, suspended for two years, after she pleaded guilty to an offence contrary to Section 13 of the 1994 Criminal Justice Act (Public Order) Act. She was charged with trespassing on a property at the Priory, Maulatanvally, Reenscreena Rosscarbery, Cork, in a manner likely to cause fear. The prosecution case relied on a statement from Fr Giacomo Ballini and alleged that Mrs O'Leary uploaded video footage of the premises to social media. As part of the sentence, the judge imposed conditions requiring her to keep the peace and refrain from engaging in abusive or offensive behaviour in any public place or forum, including social media, for the two-year suspension period. Mrs O'Leary, represented by Bernard Condon SC and Conor McKenna BL, challenged this condition in the High Court, arguing it breached her right to freedom of expression. On Tuesday, Mr Justice Charles Meenan was informed that the action had resolved and the DPP consented to an order quashing the specific condition. Mrs O'Leary stated that she requires social media access for her activism against misinformation, while maintaining she does not intend to be abusive.

Who, what, where, when and why

What: Report matter: Judge's order that campaigner not engage in behaviour offensive to anyone is quashed. Charges or matters: an offence contrary to Section 13 of the 1994 Criminal Justice Act (Public Order) Act; trespassing on a property located at the Priory, Maulatanvally, Reenscreena Rosscarbery, Cork in such a manner as to cause or likely to cause fear in another person. Procedural stage: sentence

When:

• 2023-06-27 Publication

Why: Ms O'Leary says that she needs to use social media as part of her activism in order to highlight what she says is misinformation. CNI source report

Case subjects

Places mentioned

Topics

Public Order Stage Sentence

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Read the original CNI report