A North Kerry woman has had three motions against a garda sergeant refused at a court sitting.
Michelle Keane, who contested June's local elections as an independent candidate in the Castleisland area, brought the motions before Tralee Circuit Court recently.
In July, Sergeant Melanie Walsh secured an interlocutory court injunction ordering Ms Keane to remove all online posts made against the Sergeant.
It’s after Ms Keane, who's from Knocknagoshel, recorded a phone conversation between herself and Sgt Walsh in April and posted it online with accompanying comments and follow up posts.
Michelle Keane brought three motions before the civil hearing recently at Tralee Circuit Court.
These were requesting a copy of transcripts and DAR (Digital Audio Recordings) recordings of a court sitting in Tralee before Judge Sinead Behan on June 12th this year; a copy of DAR recordings of a court sitting before Judge Francis Comerford at Ennis Circuit Court on July 10th; and an order of discover against Sergeant Tim O’Keeffe and An Garda Síochána.
Ms Keane claims she was not served with legal papers or notified that Sgt Walsh was bringing a case against her; adding she believed Judge Francis Comerford’s ruling should be struck out.
Ms Keane has appealed Judge Comerford’s decision in its entirety to the High Court.
At Tralee Circuit Court, she said she received an email from Sgt Walsh's solicitor, Brian Long, five minutes before the sitting, of a copy of the court order, which she claimed was different from the original order.
The document was produced and county registrar Padraig Burke advised that the order was updated and includes a penal endorsement.
He outlined that this means if Ms Keane fails to comply with the penal endorsed order, she could be attached on contempt of court; she responded that she’ll just bring another motion to get this addressed.
Ms Keane told the court that she requires the DAR recordings, as she was not present in Ennis court and needed to know what was said.
Brian Long said he wasn’t sure of the relevance of the order surrounding DAR recordings, as verbatim transcript is put out from the court.
He also outlined Judge Comerford’s court order - which declined to direct the disclosure of transcript of any previous court application, for the purposes of the interrogatory hearing.
Speaking on behalf of the Garda Commissioner, barrister Tommy O’Donoghue told the court Ms Keane’s motion against Sgt O’Keeffe and An Garda Síochána, is a matter for particulars and not for discovery.
He added the third party discovery application doesn’t have the required details.
In response, Ms Keane said she will be bringing a case to Garda Commissioner Drew Harris, and will bring these issues to the High Court, with lots of witnesses - including politicians, neighbours, people in Cordal and others - subpoenaed.
Ms Keane, who says she intends to contest the general election, told the court the actions are nothing short of political interference.
County registrar Padraig Burke refused the three motions, stating as Ms Keane has already appealed the judges rulings to the High Court, these will have to be dealt with there.
He told Ms Keane she didn’t exhibit any application for grounds of discovery, therefore hasn’t complied with the rules of the court ; he added bringing these motions was superfluous and unnecessary.
Addressing points made by Ms Keane, Mr Burke said traditional media are liable for what they print, however, social media is like the Wild West; adding she chose to put the phone call to social media to gain traction.
He said it’s apparent she takes umbrage that Sgt Walsh made an application.
Mr Burke refused the discovery with costs to go to the plantiff on the three motions and to Mr O’Donoghue on behalf of the Garda Commissioner.
Ms Keane said she will appeal all the rulings made in the court.
She stated, in her opinion that the court is not being helpful, adding if she has to go to the European Court of Human Rights to clear her name, she will.
