A Knocknagoshel woman has been ordered to pay legal costs incurred by Minister of State Michael Healy-Rae, in the civil action he took against her over defamatory social media posts.
The Independent Kerry TD was granted an interlocutory injunction against Michelle Keane over posts she made about him online.
At Tralee Circuit Court today, the Minister of State was awarded costs in the case by Judge Ronan Munro, in Ms Keane’s absence.
Minister of State Michael Healy-Rae had sought an interlocutory order for Ms Keane to take down social media posts which he alleged were defamatory, under Section 33 of the Defamation Act, 2009.
Judge Ronan Munro ruled the posts were defamatory and made the order for the posts to be taken down.
He adjourned ruling on costs to today’s date, but Ms Keane did not appear when the matter was first called in the morning.
Having let the matter stand for around two hours, the court again called Ms Keane, and again it was noted there was no appearance.
Barrister Elizabeth Murphy, representing Michael Healy-Rae and instructed by solicitor Dan O’Connor, handed in proof that Ms Keane was served with the civil bill by registered post, which was delivered at her home but not collected.
Ms Murphy said her application to have all costs awarded was almost irresistible, claiming Ms Keane had been dishonest about her use of email addresses when first denying she was aware of court proceedings against her.
Ms Murphy said Ms Keane attempted to use the proceedings to levy new, scurrilous allegations, and had made accusations against people not party to the case.
Ms Murphy added there was a refusal on Ms Keane’s part to observe the process of court, and she attempted to turn this into a viva voce hearing, i.e. oral evidence rather than written.
Judge Ronan Munro noted Ms Keane was not present to make any application to mitigate those costs.
He asked if there had been compliance with the order to take down posts, and Ms Murphy replied there was no further application arising in that regard, but it was not as if there was radio silence since.
He said that with the plaintiff, Michael Healy-Rae, having been entirely successful in the proceedings, he would rule that the defendant, Michelle Keane, is to pay the costs of his application and to include any reserve costs.
