An election candidate in Kerry has won her appeal against a finding that she was in contempt of court and a judge’s decision to commit her to prison.
Michelle Keane from Knocknagoshel contested the local and general elections in Kerry two years ago.
Mr Justice Brian Cregan said the hearing at Listowel Circuit Court on December 10th, 2024 was ‘manifestly unfair’ to Ms Keane.
At the Circuit Court on December 10th, 2024 Judge James O’Donohoe found that Ms Keane had breached an injunction which forbade her from making any statements online concerning a garda.
The injunction, issued on July 9th 2024, also stated that Ms Keane was prohibited from publishing any personal information concerning the garda.
On December 10th, 2024 Judge O’Donohoe heard an application from the garda that sought Ms Keane’s attachment and committal to prison for contempt of the court order.
Judge O’Donohoe committed Ms Keane to Limerick Prison after she gave no undertaking to comply.
Three days later Michelle Keane was produced before Killarney Circuit Court and given an opportunity to purge her contempt.
Hearing Ms Keane’s appeal in the High Court, Mr Justice Brian Cregan said the Knocknagoshel woman was in a very invidious position and that she had spent three very difficult days in Limerick Prison, it was coming up to Christmas and she needed to be at home with her two children.
Mr Justice Cregan said she should never have been put in a position where she had to give an undertaking to purge her contempt.
Mr Justice Cregan held that the circuit court hearing on December 10th, 2024 was flawed and unlawful, that Ms Keane was deprived of her basic constitutional rights to fair procedures and her right to a fair hearing.
Mr Justice Cregan said that when Ms Keane stated in her affidavit that she had not received a copy of the penal endorsement - copy of papers that said she could be imprisoned for a breach of the order – then Judge O’Donohoe should have adjourned the matter to January.
He said Judge O’Donohoe should have then directed the plaintiff’s solicitor to re-serve the order with the penal endorsement on the defendant so that this essential procedural requirement would be fulfilled.
He also said Ms Keane was not given enough time to make her case in the circuit court.
He was also satisfied that Ms Keane did not deliberately breach the court order issued on July 9th, 2024.
