Peter Casey awarded €140k in damages over Facebook post

Businessman and former presidential candidate Peter Casey has been awarded €140,000 in damages for defamation, arising from a post on Facebook in April 2023.

Acupuncturist Kim McMenamin, from Buncrana in Co Donegal, posted what the High Court found were "defamatory and malicious" remarks about Mr Casey to his 2,000 Facebook followers.

Mr McMenamin ran for election this year for the Irish People Party and described himself as an activist against lockdowns, austerity and uncontrolled mass immigration.

The post came after Mr Casey decided to convert a property he owned in Ludden in Buncrana into accommodation for women and children fleeing the war in Ukraine.

Mr Justice David Nolan said Mr McMenamin had expressed "serious opposition" to the idea of "non nationals" coming to the town and county.

On 25 April 2023, he posted on Facebook, saying he and others had been out at the property in Ludden and had spoken to workers there, informing them that "moving unvetted people around like cattle and then warehousing them in office cubicles for profit is akin to human trafficking and inhumane".

Mr McMenamin also encouraged people to share the post. Mr Casey alleged the post meant that he was involved in conduct akin to illegal human trafficking and that he treated people like animals.

The property was damaged by a fire on 11 May 2023. Mr McMenamin posted on Facebook complaining that the "main media outlets" had not reported the fire.

Judge Nolan said there was nothing before the court to suggest Mr McMenamin caused the fire. He said it seemed to be the case that Mr McMenamin was "very anxious" that the fact of the building being damaged should be made known.

After Mr Casey lodged proceedings for defamation, Judge Nolan said Mr McMenamin did not enter any appearance or take steps to defend his position. Judgment was entered in default of appearance and a hearing date was set for an assessment of damages.

The judge said Mr McMenamin had evaded service of the proceedings and the High Court had allowed the order to be served by pinning it to his door or gate.

'Very fine accommodation' - judge

Judge Nolan said the people who were intended to reside at the property were women and children fleeing from the appalling atrocities which Vladimir Putin's government had imposed upon the people of Ukraine.

He said the accommodation was nothing like office cubicles and was "very fine accommodation".

And, he said, it was never Mr Casey's intention to make a profit from providing the accommodation. Any monies made over expenses were to be shared with the people of Ukraine and Donegal.

The judge said it was not human trafficking but a very genuine attempt on Mr Casey's part to try and relieve the pain and suffering of the women and children of Ukraine.

The judge said he was satisfied the words used by Mr McMenamin were defamatory, untrue and malicious.

Judge Nolan said it was clear the post was very stressful, hurtful and upsetting to Mr Casey and had affected his family, including his daughter, who had to be hospitalised.

He said Mr McMenamin had refused to take the post down for many months and was only removed sometime between June and August this year.

He awarded Mr Casey €120,000 for damages and an extra €20,000 in aggravated damages due to Mr McMenamin's conduct.

In a statement, issued through his solicitor, Niall Tansey, Mr Casey said the very last thing he wanted was to have to take a High Court action to defend his name and reputation.

He said social media could be very positive but it could also be used and abused to bully and torment people who did not have the ability of financial resources to defend themselves.

He said he hoped the decision would send a very strong message to cyber bullies.

He continued: "Think before you post, as there may well be consequences".