The High Court has overturned a contempt finding which led to former Kerry election candidate Michelle Keane being sent to Limerick Prison for three days.
Mr Justice Brian Cregan ruled that the Circuit Court hearing on 10 December 2024 was manifestly unfair and unlawful. He also found, after rehearing the contempt application, that Ms Keane had not deliberately breached an injunction concerning social media posts about Garda Melanie Walsh.
The underlying proceedings arose after Ms Walsh contacted Ms Keane in April 2024 while investigating complaints about social media posts. Ms Keane, who had been a candidate for Kerry County Council and later stood in the general election, recorded their telephone conversation and posted it online. Ms Walsh subsequently brought defamation proceedings.
In July 2024, the Circuit Court granted injunctions restricting Ms Keane from publishing statements and personal information concerning Ms Walsh and requiring existing posts referring to her to be removed.
A later attachment and committal application alleged breaches of that order. By the time of the High Court appeal, the complaint focused on a November 2024 post referring to “a female garda in a North Kerry garda station”, without naming Ms Walsh.
The Circuit Court found Ms Keane in contempt on 10 December 2024 and ordered her immediate detention. Mr Justice Cregan found that hearing lasted about ten minutes and that Ms Keane had been given at most two minutes to present her position before the judge indicated she was in breach.
He said she had been denied a meaningful opportunity to be heard. On the substance, he found the injunction contained a measure of ambiguity and accepted that Ms Keane believed she had complied because she had not named Ms Walsh or published the specific personal details prohibited by the order.
Ms Keane had already removed the posts. The High Court allowed her appeal, refused the committal application and set aside both the contempt finding and the undertaking she gave on 13 December 2024 after her imprisonment.