Gemma O'Doherty ordered to appear in court over alleged contempt

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

A judge has ordered Gemma O'Doherty to appear before the High Court to answer her alleged refusal to obey an order not to harass the mother of a young man who died by suicide.

Mr Justice Mark Sanfey made the ruling after being satisfied Ms O'Doherty had breached the terms of a court order and should come before the court on Friday morning to answer her alleged contempt.

The judge granted the order sought on behalf of Edel Campbell, who is suing Ms O'Doherty over the use of an image of her late son, Diego Gilsenan, on a publication run by the defendant.

Ms O'Doherty was not in court on Wednesday when the application was made.

Last June, Ms Campbell's lawyers obtained orders from the court against Ms O'Doherty, including an injunction restraining the defendant from harassing, intimidating or communicating with the plaintiff and her family.

Ms Campbell, represented by David Kennedy SC, appearing with Paul Comiskey O'Keeffe Bl instructed by solicitor Ciaran Mulholland, claims the order has been breached on "numerous occasions" by Ms O'Doherty.

It is claimed in a series of video posts made by Ms O'Doherty on dates in June, July, August and September of last year, and earlier this year, the defendant has made statements in clear disregard and in breach of the injunction.

In his ruling, Mr Justice Sanfey said it was very clear what the High Court had in mind when it granted the injunction against Ms O'Doherty last June, which was to halt the intimidation of Ms Campbell.

The judge said Ms O'Doherty, and comments posted on the Irish Light's social media account, had made many references about Ms Campbell, and the circumstances of the unfortunate death of her son.

The court heard Ms O'Doherty had said Ms Campbell was telling lies, made remakes about the plaintiff's mental health and had questions to answer about her son's death.

Online posts allegedly from the Irish Light, a publication linked to the defendant, described the order as an attempt to prevent and silence Gemma O'Doherty, who describes herself as an investigative journalist, from probing what she says are unexplained deaths of young people.

One post, the judge noted, said Ms Campbell was being used as part of an "anti-Gemma psyop" by the defendant's enemies.

In her application, Ms Campbell claims the injunction had been "ineffective" in halting the alleged intimidation of the plaintiff by Ms O'Doherty, the judge said.

Nobody could be under any illusion that the intimidation of Ms Campbell by the defendant has continued after the injunction was granted, the judge said.

He added that "journalism could not be used as an excuse for the sort of conduct that the defendant has appeared to engage in".

"Journalism is a rigorous exercise of fact checking and giving both sides of the story," he said. 

The court also noted Ms O'Doherty had not come to court either for Wednesday's hearing, nor when the injunction was sought last June, to defend her position.

He was further satisfied she was aware of and had been properly served with the proceedings.

In the circumstances, the judge said he was satisfied to grant an order of attachment, which requires Ms O'Doherty come before the court and answer claims she is in contempt.

During the course of the hearing, the judge warned any recording or filming of the proceedings could be a contempt of court, and anyone who sought to disrupt the proceedings would be asked to leave.

In his submissions, Mr Kennedy said much of what had been said in the online posts about his client was "particularly egregious."

Counsel said what was said was "clearly designed to intimidate and part of a campaign" against Ms Campbell. who has suffered emotional harm and distress as a result.

Counsel said that "freedom of speech is important," but when one looked at the comments made by Ms O'Doherty about his client "there has to be a limitation on it."

The court had previously heard Ms O'Doherty denies any wrongdoing.

Ms Campbell sought the injunctions as part of her action 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 in an article published on media controlled by Ms O'Doherty linking unexplained deaths to the covid-19 vaccination.

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