Kerry election candidate freed after promising to take down social media posts about garda

Up to 50 supporters were in attendance, cheering loudly, as she exited a prison van to go into court

Michelle Keane (pictured) undertook to abide by an earlier court order removing posts and desisting from publishing further about Sergeant Melanie Walsh, directly or indirectly. File photo: Valerie O'Sullivan

A candidate in the general and local elections in Kerry, jailed earlier this week for contempt of court in connection with online social media posts about a female garda sergeant in Listowel, has been freed by a judge at Killarney Circuit Civil Court.

Michelle Keane of Talbot Bridge, Knocknagoshel undertook to abide by an earlier court order removing posts and desisting from publishing further about Sergeant Melanie Walsh, directly or indirectly. In July, Ms Keane was ordered to remove all online social media posts about Sgt Walsh.

The July interlocutory injunction also ordered Michelle Keane and any other party acting in concert with her from making future statements about Sergeant Walsh online.

In Listowel Circuit Civil Court on Tuesday, the legal team for Sergeant Walsh said the order had been breached and they applied for an attachment and committal order. The court was told the background of the case was that Ms Keane last April posted a recording of a phone conversation between herself and Sgt Walsh online, making defamatory statements.

This was after Sgt Walsh had been tasked in her duty as a garda to contact Ms Keane in relation to certain offensive material online.

The order had been breached on a number of occasions, most recently on November 28 on a post on Facebook, the court was told, and although the sergeant’s name was not used the garda was identifiable by the posts, they said.

Ms Keane vehemently denied breaching the interlocutory gagging order and refused to give future undertakings. James O’Donohoe jailed her for contempt.

Friday's proceedings

The matter was adjourned to Killarney on Friday when Ms Keane was brought by prison van from Limerick. Up to 50 supporters were in attendance, cheering loudly, as she exited the prison van at 11.44 am. Most filed into court after her.

Ms Keane, dressed in black and white, addressed the court from the custody bench, saying she represented herself and wished to make an application.

Judge O’Donohoe told her she had been imprisoned for contempt of court and asked her what her position was now. Ms Walsh, reading from the Bunreacht na hEireann, invoked Article 40.1 on detention of citizens, and referred to habeas corpus, alleging unlawful detention.

Counsel for Ms Walsh, Elaine Davern Wiseman said “very clearly” she was incarcerated for breaching a court order and her detention was utterly lawful.

Sgt Melanie Walsh (pictured) had been tasked in her duty as a garda to contact Ms Keane in relation to certain offensive material online. File photo

Judge O’Donohoe again asked Ms Keane what her position was, saying she had been given every opportunity in Listowel, including 40 minutes to talk to the barrister representing Sergeant Walsh, to give an undertaking.

If she wanted to be released, he was giving her the opportunity to sign undertakings, the judge said. Ms Keane said she had a nine-year-old daughter and a son, and her children were “everything” to her.

“It is the position, the plaintiff, Melanie Walsh, does not wish Ms Keane to be incarcerated, but she does wish the protection of the court, which has been afforded her by law,” Ms Davern Wiseman said.

Her children came first and so she would give the undertaking, Michelle Keane told Judge O’Donohoe. “My hands are tied,” she said, again referring to her two children. After a brief recess, in which the parties consulted, Ms Keane and the plaintiff’s legal team returned to court.

Ms Keane's undertaking

Reading from a handwritten page, Michelle Keane swore to abide by the order of Judge Comerford in Ennis of July 9 “in its entirety”; to remove from any social media or online platform anything concerning the plaintiff and not publish anything, directly or indirectly, by description or name, “pending the determination of this process”. 

Judge O’Donohoe then said she had purged her contempt and could be released. He awarded costs to Sgt Walsh. As she left the stand Ms Keane asked Judge Donohoe when he would give her a hearing date for defence of her case. It has been put into the call-over of next week, the court clerk said.

Ms Keane, an author, and a campaigner against masts, and interior designer and a mother of two came to prominence during the local elections particularly, garnering large online followings with regular video and social media posts.

Running as an Independent candidate in the Castleisland LEA in June she polled just under 1,000 first preference votes but failed to get a seat.

In the November general election she listed immigration — calling for deportations — as top of her priority list. Other priorities included law reform and the release of Enoch Burke. She also listed herself as “pro-life”.