An application to have Gemma O'Doherty brought before the High Court to answer her alleged refusal to obey a court order not to harass the local mother of a young man who died by suicide has been put back a week. Lawyers acting for Cavan mother Edel Campbell, who is suing Ms O'Doherty over the use of her son's image on a publication run by the defendant, have brought a motion seeking Ms O'Doherty's attachment and possible committal to prison for the alleged contempt. Ms O'Doherty was not in court when the application was due to be heard on Monday, and the court was told that she was "out of the jurisdiction." Mr Justice Mark Sanfey put back the matter after being told that while Ms O'Doherty was aware of the application, and had been emailed the court documents seeking her attachment, said he was putting the matter back to allow Ms Campbells make certain legal submissions on the application. The judge said the submissions should address if service by email, rather than service in person, will suffice in regards to a motion for attachment that could result in a person being committed to prison for contempt.
Counsel for Ms Campbell, David Kennedy SC, appearing with Paul Comiskey O'Keeffe Bl instructed by solicitor Ciaran Mulholland for Ms Campbell, said that there could be "no doubt" that Ms O'Doherty "knows exactly what is happening." When the matter was last before the court, the defendant had invited other persons who disagreed with his client's application to attend court, counsel added. Counsel who said his side was quite prepared to furnish the court with the legal submissions it has sought, but said that Ms O'Doherty's attitude to the application was "an abuse" of the fair procedures and processes afforded by the courts. Ms Campbell's lawyers had previously obtained orders from the court against Ms O'Doherty including an injunction restraining the defendant from harassing or intimidating her. Ms O'Doherty was also ordered to remove images of Mrs Campbell's late son Diego from any media platforms under the defendant's control, or from publishing any images of herself and her family on any medium.
It is claimed that in a series of video posts by Ms O'Doherty on dates in June, July, August and September of last year the defendant has made statements in clear disregarding and in breach of the court's orders. Mrs Campbell's lawyers have brought a motion for Ms O'Doherty's attachment, meaning that she should be brought before the court to answer the allegations she is not complying with the court's orders and her possible committal to prison for alleged contempt. The court had previously heard that Ms O'Doherty denies any wrongdoing. Earlier on Monday the judge allowed Brendan Moloney & Company Solicitors, who had been representing Ms O'Doherty in the action, to formally 'come off record' and cease representing Ms O'Doherty in the proceedings.
There was no opposition to Mr Moloney's application. Ms Campbell's application forms part of her action against Ms O'Doherty over the alleged unauthorised publication of the image of the plaintiff's late son. She claims Ms O'Doherty has wrongly and unlawfully used the image of the plaintiff's son Diego Gilsenan in an article published on media controlled by Ms O'Doherty linking unexplained deaths to the Covid-19 vaccination.
Ms Campbell secured an injunction restraining Ms O'Doherty from harassing the plaintiff, or from publishing Ms Campbell's and her late son's images or any personal confidential material about them. Ms O’Doherty is also restrained from encouraging or inciting others to intimidate the plaintiff and was ordered to take down and remove any image of Ms Campbell and her late son from any form of media that she owned or operated by the defendant.
