Contempt of court claim against Gemma O'Doherty adjourned to February

Edel Campbell claims Ms O'Doherty has wrongly and unlawfully used the image of the plaintiff's son, Diego Gilsenan, in an article on media controlled by Ms O'Doherty linking unexplained deaths to the covid-19 vaccination. File picture: Collins Courts

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 next month.

Lawyers acting for 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.

Mr Justice Mark Sanfey was told 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 Ms O'Doherty in the proceedings.

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

When the court was informed of Ms O'Doherty's solicitor's application, Mr Justice Sanfey, who said the application before the court was a serious matter, adjourned the hearing of the contempt claim until February 12 next.

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

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

The orders further require Ms O'Doherty to remove images of Ms 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 had made statements in clear disregarding and in breach of the court's orders.

Ms Campbell's lawyers have brought a motion for Ms O'Doherty's attachment, meaning 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.

Allegations denied

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

Ms Campbell sought the orders as part of proceedings she has commenced against Ms O'Doherty over the alleged unauthorised publication of the image of 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 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.

The court also ordered Ms 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 Ms Campbell's action against Ms O'Doherty.

The plaintiff claims Ms O'Doherty is a journalist and the publisher of The Irish Light, a free periodical newspaper, and the publisher/editor of the www.irishlightpaper.com website.

Following Mr Gilsenan's death in August 2021, it is claimed Ms O'Doherty used the image of the plaintiff's son in an article which, it is claimed, wrongly stated he died as a result of the administration of the covid-19 vaccination.

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

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

Ms Campbell further claims the unauthorised and repeated use of her son's image amounts to harassment and a breach of her constitutional rights She claims it has caused her emotional pain, suffering and harm.

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

In addition Ms Campbell obtained various disclosure orders from X and Ms O'Doherty in relation to three of the social media's accounts '@irishlightpaper', '@cavandrugwatch' and '@michaelmg3'.

The courts previously heard Ms 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.