Gemma O’Doherty ordered to appear before High Court over alleged refusal to obey order

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 that Ms O’Doherty had breached the terms of a court order and should come before the court on Friday to answer her alleged contempt.

The judge granted the order sought by 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.

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

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Ms Campbell, represented by David Kennedy SC, claims the order has been breached on “numerous occasions” by Ms O’Doherty.

It is claimed that 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, the judge said it was very clear that what the High Court had in mind when it granted the injunction against Ms O’Doherty last June 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 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 Ms O’Doherty, who describes herself as an investigative journalist, from investigating what she says are unexplained deaths of young people. One post, the judge noted, said that 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, he added.

“Journalism could not be used as an excuse for the sort of conduct that the defendant has appeared to engage in,” he said, adding that it should be a “rigorous exercise of fact-checking and giving both sides of the story”.

The court also noted that Ms O’Doherty, who he said was apparently on a speaking tour, had not come to court either for Wednesday’s hearing, or when the injunction was sought last June, to defend her position.

He was further satisfied that 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 to come before the court and answer claims that she is in contempt.

Ms Campbell sought the injunctions as part of her action against Ms O’Doherty over the alleged unauthorised publication of an image of the plaintiff’s late son. She claims Ms O’Doherty has wrongly and unlawfully used the image in an article published on media controlled by Ms O’Doherty linking unexplained deaths to the Covid-19 vaccine.

Ms Campbell, from Kingscourt, Co Cavan, claims Ms O’Doherty has refused to stop using her son’s image. She says the unauthorised and repeated use of same amounts to harassment and a breach of her constitutional rights. She says the defendant’s actions have caused her emotional pain, suffering and harm.

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

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