Courts

Councillor asks court to direct Gemma O’Doherty to remove allegedly defamatory online posts

Jimmy Guerin’s case against former journalist over earlier comments ended recently with hung jury

Gemma O'Doherty is alleged to have made 'utterly appalling' allegations against Cllr Jimmy Guerin and his legal team in online posts. Photograph: Collins Courts

Thu Dec 14 2023 - 18:46

The High Court will hear an application next week seeking that Gemma O’Doherty be directed to take down multiple social media posts and internet broadcasts which allegedly continue and extend defamations over which she is being sued.

Mr Justice Tony O’Connor gave Cllr Jimmy Guerin’s lawyers liberty to bring the “take-down” application after he heard details of publications by Ms O’Doherty following last month’s hearing of Mr Guerin’s defamation action against her.

Mr Guerin, a brother of murdered journalist Veronica Guerin, had sued Ms O’Doherty claiming she defamed him in social media posts and in a video posted online. He said this was because she referred to “the paedophile brother of Veronica Guerin”, but she said it was clear she was referring to Martin Guerin, also the deceased’s brother, who was convicted of possessing child sexual abuse images.

Following a five-day trial, the jury was unable to reach a verdict. As a result, the case was re-listed for hearing and was one of several in the jury callover list on Thursday for hearings due to take place in February.

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Ronan Lupton SC, with Shane English, instructed by Flynn O’Driscoll Solicitors, said the court directed last month, following the hung jury trial, for the tempering of subsequent comment, given that the case is to go before another jury.

However, he said there have since been some 19 publications by Ms O’Doherty about what went on at the trial. They were made through Ms O’Doherty’s Irish Light publication’s X account and also on her web page. In them, she allegedly made “utterly appalling” allegations against Mr Guerin, Mr Lupton, Mr English and their solicitors.

While his side, following last month’s hung jury situation, had sought the tempering of comment in anticipation of this happening, what has actually happened is that the publications are extensive and repeated defamation.

Mr Lupton said his side had written to Ms O’Doherty’s solicitors seeking an explanation for what she had done and reserving their right to bring an application that the defamation case be heard by a judge sitting alone without a jury.

The letter also stated that if it continued, it would be brought to the attention of the gardaí so serious was what she was saying in the material.

Mr Lupton said that in fairness to Ms O’Doherty’s legal team, they have asked their client not to do this and not to put them in this position.

Gregory Murphy, for Ms O’Doherty, said he was seeking that the application be put on affidavit as his side was not aware of all of the publications. It would not be appropriate for the court to make directions where there is no affidavit or application and he therefore asked the court to “stay its hand” at this stage.

Mr Justice O’Connor said the matters raised are so serious that they need to be the subject of a formal application. He gave directions of service of the papers, and for any reply, and adjourned it for hearing next week. The court also heard the re-trial of the alleged main defamation action was put back to April.

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