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File image of Gemma O'Doherty Alamy Stock Photo
Courts

Gemma O'Doherty lawyers ask if they can stop representing her in contempt case as hearing put back

It is alleged that despite making several pleas to O’Doherty to cease using her son’s image, the defendant refused to do so.

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 mother of a young man who died by suicide has been put back to a date in February.

Lawyers acting for Edel Campbell, who is suing O’Doherty over the use of her son’s image on a publication run by the defendant, have brought a motion seeking O’Doherty’s attachment and possible committal to prison for the alleged contempt.

O’Doherty was not in court when the application was due to be heard today.

Judge Mark Sanfey was told that her solicitors, Brendan Moloney & Company Solicitors, is no longer in a position to act for her, and now wants to formally “come off record” and cease representing O’Doherty in the proceedings.

The court heard that O’Doherty was aware of the application, but is currently out of the jurisdiction.

When the court was informed of O’Doherty’s solicitor’s application, the judge, who said that the application before the court is a serious matter, said he was adjourning the hearing of the contempt claim until 12 February.

Represented by David Kennedy SC, with Paul Comiskey O’Keeffe Bl instructed by solicitor Ciaran Mulholland, Campbell has previously obtained various orders from the court against O’Doherty. 

These include injunctions, granted last June, restraining O’Doherty from harassing or intimidating her, and from disclosing any confidential information about Campbell and her family.

The orders further require O’Doherty to remove images of 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 O’Doherty on dates in June, July, August, and September of last year the defendant made statements in clear disregard and in breach of the court’s orders.

Campbell’s lawyers have brought a motion for O’Doherty’s attachment, meaning that she should be brought before the court to answer the allegations that she is not complying with the court’s orders and her possible committal to prison for alleged contempt.

The court had previously heard that O’Doherty denies any wrongdoing, and intends to fully contest all the allegations against her.

Campbell sought the orders as part of proceedings she has commenced against O’Doherty over the alleged unauthorised publication of the image of plaintiff’s late son.

She claims that O’Doherty has wrongly and unlawfully used the image of the plaintiff’s son Diego Gilsenan in an article, within media controlled by O’Doherty, linking unexplained deaths to the Covid-19 vaccination.

Campbell secured an injunction restraining O’Doherty from harassing the plaintiff, or from publishing Campbell’s and her late son’s images or any personal confidential material about them.

O’Doherty is also restrained from encouraging or inciting others to intimidate the plaintiff.

The court also ordered O’Doherty to take down and remove any image of the plaintiff and her late son from any form of media that she owns or operates.

The injunction is to remain in place pending the final outcome of Campbell’s action against O’Doherty, trading as ‘The Irish Light’.

The plaintiff claims that O’Doherty is a journalist and the publisher of The Irish Light, a free periodical newspaper, and the publisher/editor of its website.

Following Diego’s death in August 2021, it is claimed that O’Doherty used the image of the plaintiff’s son in an article which it is claimed wrongly stated that he died as a result of the administration of the Covid-19 vaccination.

Campbell, from Kingscourt, Co Cavan, claims that despite making several pleas to O’Doherty to cease using her son’s image, the defendant refused to do so.

It is claimed that the picture was taken from RIP.ie and used without consent.

Campbell further claims that the unauthorised and repeated use of her son’s image amounts to harassment and a breach of her constitutional rights.

She claims that it has caused her emotional pain, suffering and harm.

O’Doherty rejects all of the allegations of wrongdoing made against her.

In addition, Campbell obtained various disclosure orders from X, formerly Twitter, and O’Doherty in relation to three social media’s accounts on the social media site: @irishlightpaper; @cavandrugwatch; and @michaelmg3.

The courts previously heard that O’Doherty accepts that she is the person in charge of the @irishlightpaper X account but claims she has nothing to do with and has no control over the two other accounts.

Author
Aodhan O Faolain