Kerry election candidate jailed for contempt after ‘manifestly unfair’ hearing, High Court rules

An independent election candidate in Kerry, Michelle Keane, is set to seek damages after the High Court overturned a finding of contempt against her. High Court Judge Brian Cregan ruled that the hearing conducted by Judge James O’Donohoe in Listowel Circuit Court was "manifestly unfair."

“

manifestly unfair

Keane was jailed for three days for contempt of court over an alleged refusal to remove a social media post about a garda. She spent "three difficult days" in Limerick Prison, a situation made more challenging as it was close to Christmas and she needed to be home with her two young children. Keane had received 1,530 first preference votes in the 2024 general election.

The original case involved Sergeant Melanie Walsh, who investigated complaints about Keane's social media posts, some of which were described as allegedly homophobic and racist. Sergeant Walsh sought an injunction to remove material, including a recording of a phone call between Walsh and Keane, which Walsh stated could not be interpreted as threatening or aggressive.

“

three difficult days

Keane claimed she was not properly served with court papers and was unwell on the day of the injunction hearing. She first learned of the proceedings through a local newspaper. The High Court found that Keane was never served with papers indicating she could be imprisoned, a crucial element for attachment and committal applications. She denied breaching any court terms.

“

could be deemed to be threatening or aggressive with the defendant