Peter Casey awarded €140,000 in damages for defamatory Fb submit

Businessman and former presidential candidate Peter Casey has been awarded €140,000 in damages after the Excessive Courtroom dominated he was defamed in a social media submit that his provision of lodging of Ukrainian refugees was “amounting to human trafficking and inhumane”.

Choose David Nolan discovered that Buncrana resident Kim McMenamin had defamed Mr Casey in a Fb submit on April 25, 2023 and ordered him to pay the businessman €120,000 in damages , plus €20,000 in elevated damages.

The defamatory message was posted on a Fb web page of a gaggle referred to as Buncrana Group Watch by the accused who was the group’s administrator.

The courtroom heard Mr Casey sought to assist Ukrainian refugees by housing them at Ludden Home – a property he owned in Buncrana, Co Donegal.

The businessman additionally introduced that he meant for any income from leasing Ludden Home – a former B&B and care dwelling – to the federal government to be distributed to folks in Donegal and Ukraine.

Mr Casey, who was represented by solicitor Niall Tansey of Damien Tansey Solicitors LLP, stated he had spent appreciable sums changing the property to a really excessive normal to accommodate refugees.

The defamatory submit claimed that Ludden Home employees had been informed that “shifting uncontrolled folks round like cattle after which storing them in workplaces for revenue quantities to human trafficking and is inhumane.”

The courtroom heard that Mr McMenamin, who’s a member of a gaggle referred to as the Nationwide Alliance – Irish Individuals, contested the latest native elections by opposing draconian lockdowns and undocumented and uncontrolled mass immigration.

Justice Nolan famous that it was outstanding that Mr McMenamin was capable of submit {a photograph} of the injury to the higher ground of Ludden Home on his Fb web page the day after a hearth broke out on the property within the evening of Could 11. 2023.

The decide stated an accompanying article had commented that no reporting on the hearth had been made by the mainstream or native media, whereas the defendant had complained in different articles concerning the lack media protection of the incident.

The courtroom heard Mr McMenamin inspired folks to share his message as extensively as potential, as he claimed information of the hearth had been “intentionally saved quiet”.

“It seems that the accused needed the truth that the constructing had been broken to be revealed and, in his personal phrases, ‘to cease selling immigration’,” the decide famous.

The courtroom heard there was no response to a written request from Mr Casey’s lawyer for Mr McMenamin to take away the defamatory submit.

In his assertion, Mr Casey argued that this submit meant he meant to accommodate migrants in lodging in inhumane circumstances and was concerned in conduct amounting to human trafficking. unlawful human beings.

He stated the submit steered he handled folks like animals and was an individual who prioritized revenue over human welfare, and that he was an individual of “unhealthy status” and “morally reprehensible”.

The courtroom heard Mr McMenamin took no motion to defend his place and evaded service of authorized course of.

In his ruling on the evaluation of damages, Mr Justice Nolan stated he was glad that the folks believed to be residing at Ludden Home weren’t unnoticed, however girls and youngsters fleeing “the appalling atrocities that Putin’s authorities imposed on the Ukrainian folks.

The decide additionally stated he was glad that the premises “had nothing to do with workplaces and had been the truth is superb lodging”.

He stated he was additionally glad, based mostly on Mr Casey’s testimony, that he by no means meant to revenue from internet hosting the refugees.

Choose Nolan stated there was no human trafficking however “a really actual try” by Mr Casey to attempt to relieve the ache and struggling of Ukrainian girls and youngsters.

Discovering that the feedback made by Mr McMenamin had been false and defamatory, the decide famous that the defendant had greater than 2,000 pals on his Fb web page, which now stood at 4,000.

He additionally highlighted that the submit had attracted 181 reactions, 45 feedback and had been shared 180 occasions.

When assessing damages, the decide stated Mr Casey was clearly upset and though a public determine was considerably reluctant to precise in courtroom how a lot it had affected him.

“It’s clear nevertheless that this has been very worrying, hurtful and upsetting and has affected himself and his household, together with his daughter who required hospital therapy,” the decide stated.

He additionally noticed that the defendant was attempting to undermine Mr Casey’s good work and had refused to take away his submit for a lot of months.

He famous that no motion had been taken by Mr McMenamin to handle the defamatory feedback.

Choose Nolan stated he was glad that Mr Casey had a wonderful status in society which had been tarnished by such defamatory remarks.

The decide stated he was struck by proof displaying the defamatory submit was nonetheless up for at the least 9 months after a courtroom order in November 2023 ordered him to take away it.

He additionally stated one other aggravating issue was the truth that the defendant repeated defamatory remarks when he described Ludden Home as a direct provision middle when it was not.

Choose Nolan stated it was abundantly clear that Mr McMenamin had “performed geese and drakes” with the complainant and the courtroom.

He dominated that the defendant’s refusal to take away a submit containing offensive, damaging and defamatory remarks constituted a violation of a courtroom order and contempt of courtroom.

The decide added: “He refused to defend his case and should due to this fact face the results of his actions. »

Ireland

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Reacting to the damages award, Mr Casey stated taking motion within the Excessive Courtroom to defend his identify and status was “the very final thing I needed”.

The businessman stated Mr McMenamin made statements about him on social media that he knew had been false, then repeatedly refused to retract them when requested “a number of occasions repeats”.

Mr Casey acknowledged that social media is usually a very constructive approach of informing giant numbers of individuals about good deeds, actions and causes, however that it can be used and abused to intimidate and torment individuals who don’t shouldn’t have the capability or monetary assets to defend themselves. themselves.

He added: “I hope this choice from the Excessive Courtroom sends a really sturdy message to cyberbullies. Assume earlier than you submit, as there could also be penalties.