Ireland High Court quashes social media condition imposed on Cork campaigner
Fiona O'Leary, a mother of five from Dunmanway, Co Cork, pleaded guilty to an offence under section 13 of the 1994 Criminal Justice Act (Public Order) Act, after being charged with trespassing on a property at the Priory Maulatanvally, Reenscreena, Rosscarbery, Co Cork, in a manner likely to cause fear in another person. The offence date is not given. Judge James McNulty at Bandon District Court sentenced her to 60 days imprisonment, suspended for two years, with a condition not to engage in abusive or offensive behaviour in any public place or public forum, including social media, as reported in June 2023 as taking place last January. She challenged that condition through a judicial review action against the DPP, and the latest development, reported on 27 June 2023, is that the High Court was told the DPP consented to an order quashing the condition.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In courtnot reported
- Verdictnot reported
- Sentenced27 Jun
Key facts
consolidated from all reports- What happened
- Ms O'Leary is a mother of five who campaigns against bogus medical treatments.
- Where
- Ms O'Leary is from Dunmanway, Co Cork.
- The trespass charge concerns a property at the Priory Maulatanvally, Reenscreena, Rosscarbery, Co Cork.
- When
- The offence date is not given in the sources.
- The High Court was told of the outcome on a Tuesday, as reported on 27 June 2023.
- Cause
- The prosecution relied on a statement from Fr Giacomo Ballini and on video footage she took on the premises and uploaded to social media.
- Charges
- She was charged with trespassing on the property in a manner likely to cause fear in another person.
- She pleaded guilty to an offence contrary to section 13 of the 1994 Criminal Justice Act (Public Order) Act.
- Sentence
- Judge James McNulty sentenced her to 60 days imprisonment, suspended for two years.
- The suspended sentence required her not to engage in abusive or offensive behaviour in any public place or public forum, including social media, for two years.
- In court
- The social media condition was imposed at Bandon District Court last January, as reported in June 2023.
- She challenged the condition in a judicial review action against the DPP, arguing it breached her right to freedom of expression.
- The DPP consented to an order quashing the condition, and Mr Justice Charles Meenan was told the condition can be quashed.
- Other details
- Ms O'Leary said her activism has drawn a lot of abuse and threats, particularly online.
11 statements extracted from the articles
- whereMs O’Leary is a mother of five from Dunmanway, Co Cork. (irishtimes.com)
- causeThe prosecution case relied on a statement from Fr Giacomo Ballini and on video footage she took on the premises and uploaded to social media. (irishtimes.com)
- chargeShe pleaded guilty to an offence contrary to section 13 of the 1994 Criminal Justice Act (Public Order) Act. (irishtimes.com)
- chargeShe was charged with trespassing on a property at the Priory Maulatanvally, Reenscreena, Rosscarbery, Co Cork, in a manner likely to cause fear in another person. (irishtimes.com)
- courtShe challenged a condition imposed by Judge James McNulty at a sitting of Bandon District Court last January. (irishtimes.com)
- courtHer judicial review action against the DPP was resolved in the High Court. (irishtimes.com)
- courtThe DPP consented to an order quashing the condition. (irishtimes.com)
- courtMr Justice Charles Meenan was told the condition challenged can be quashed. (irishtimes.com)
- sentenceShe was sentenced to 60 days imprisonment, suspended for two years. (irishtimes.com)
- sentenceThe suspended sentence carried a condition that she must not engage in abusive or offensive behaviour in any public place or public forum, including social media, for two years. (irishtimes.com)
- otherShe said her activism has drawn a lot of abuse and threats, particularly online. (irishtimes.com)
The reporting
newest first- 27 Jun2023Court overturns order preventing campaigner from making ‘offensive’ social media posts
Reports the High Court judicial review in which the DPP consented to quashing the social media condition attached to the suspended sentence; the article does not give the date of the offence.
convicted, Fiona O'Leary, female, named, irish (judged from name)Fiona O'Leary