Second judge excuses himself from copyright breach case involving MEP
Judge Olann Kelleher, sitting at Killarney District Court yesterday, said that he personally knew former GAA president Mr Kelly through sporting circles.
In a civil case action, professional photographer Michelle Cooper-Galvin is claiming two of her images were used, without her permission or payment, in Mr Kelly’s biography, published in 2008 by Gill and MacMillian.
European intellectual property rights’ law as well as copyright are referenced in the civil bill against Mr Kelly who, earlier this week, was awarded MEP of the year for his work on data protection in the area of digital media.
In February last, the sitting judge for the Kerry region, James O’Connor, also excused himself from the case on the grounds he knew Mr Kelly and Ms Cooper-Galvin.
When the matter arose yesterday, Killarney solicitor Padraig O’Connell, acting for Ms Cooper-Galvin, said the matter was listed for mention. He described the case as a “highly technical” matter and “had to do with photographs being reproduced by Seán Kelly, MEP”.
Mr O’Connor said his client was anxious that the matter would be heard on May 30, but solicitor Pat F O’Connor, representing Mr Kelly and the publishers, said his clients were seeking a date from June onwards.
The matter was adjourned to a sitting of the court in May, the month in which Fine Gael’s Mr Kelly is seeking re-election as an MEP for the Ireland South constituency.
