A Kerry election candidate who had been jailed for contempt of court has signed an undertaking to abide by a court order and has been released from custody.
Michelle Keane from Knocknagoshel was jailed on Tuesday by Judge James O’Donohue at Listowel Circuit Court.
On Tuesday, Ms Keane refused to give an undertaking to remove any social media posts referring to Sergeant Melanie Walsh, nor publish anything that would refer to her or identify her.
Earlier this week, Sergeant Walsh’s legal representatives alleged there had been a breach of an interlocutory injunction granted in July by Judge Francis Comerford to Sgt Walsh against local and general election candidate Michelle Keane.
Under the interlocutory injunction, Ms Keane was ordered to remove all online posts made against the Listowel-based sergeant.
The injunction also ordered Michelle Keane and any other party acting in concert with her from making future statements about Sgt Walsh online.
Sergeant Walsh’s representatives alleged Ms Keane had breached Judge Comerford’s order, and when Ms Keane refused to give an undertaking that she would abide by the court order, Judge James O’Donohue held her in contempt of court and she was jailed.
Ms Keane had submitted that she did not breach any order.
Loud cheering could be heard outside Killarney District Court this morning, as Ms Keane arrived from Limerick Prison.
Ms Keane, dressed in a long, black winter coat, said she was invoking Article 40.4 of the Irish constitution, whereby no citizen shall be deprived of his personal liberty save in accordance with the law.
Representing Sgt Walsh, barrister Elaine Davern Wiseman said Ms Keane had breached a court order, refused to give an undertaking not to abide by a court order, and her detention was utterly lawful.
Judge James O’Donohue said he had given Ms Keane 40 minutes with Sgt Walsh’s barrister on Tuesday to sign an undertaking, and he wanted to know her position on that today.
Ms Keane said she has two kids, and they need their mother, and Judge O’Donohue replied that was why he was giving her every opportunity to give the undertaking – and it wasn’t as if she was irrationally put into custody.
Ms Keane said her hands are tied, and she will sign the undertaking because her children come first.
Ms Keane was then sworn in and read out the undertaking, which includes that she will abide fully by the order made by Judge Francis Comerford in July – to remove any material on social media or online platform, and not publish anything further, referring directly or indirectly, by description or name, to Sgt Walsh, pending the determination of the court process.
Costs for Sgt Walsh’s legal team were also awarded.
