Businessman and former presidential candidate Peter Casey has been awarded €140,000 in damages after the High Court ruled a social media post saying that his provision of accommodation for Ukrainian refugees was “akin to human trafficking and inhumane” was defamatory, writes Seán McCárthaigh.

Judge David Nolan ordered Buncrana resident Kim McMenamin to pay the businessman €120,000 in damages plus €20,000 in aggravated damages over his comment on Facebook on April 25, 2023.

The defamatory post was posted on a Facebook page of a group called Buncrana Community Watch by the defendant who was the group’s administrator.

The court heard Mr Casey sought to help Ukrainian refugees by accommodating them at Ludden House – a property he owned in Buncrana, Co. Donegal.

The businessman also announced that he intended that any profit from the rental of Ludden House – a former B&B and nursing home – would be distributed to the people of Donegal and Ukraine.

Mr Casey, who was represented by solicitor Niall Tansey of Damien Tansey Solicitors, said he had spent considerable money on converting the property to accommodate refugees.

The defamatory post claimed workers at Ludden House had been informed that “moving unvetted people around like cattle and warehousing them in office cubicles for profit is akin to human trafficking and inhumane”.

The court heard that Mr McMenamin, who is a member of a group called National Alliance, had contested the recent local elections on a campaign of opposing draconian lockdowns and undocumented, uncontrolled mass immigration.

Judge Nolan noted that it was remarkable that Mr McMenamin was able to post a photo of damage to the upper storey of Ludden House on his Facebook page on the day after a fire at the property on the night of May 11, 2023.

He said an accompanying post had commented that there had been no reports about the fire from mainstream or local media, while the defendant had complained in other posts about the lack of media coverage of the incident.

The court heard Mr McMenamin encouraged people to share his post as widely as possible as he claimed news of the fire was “deliberately being kept quiet”.

“It certainly seems to be the case that the defendant was very anxious that the fact that the building had been damaged should be made known and, to use his own words, ‘to stop promoting bringing people in,’” the judge remarked.

The court heard there was no response to a written request by Mr Casey’s solicitor asking Mr McMenamin to remove the defamatory post.

In his statement of claim, Mr Casey said the post suggested he treated people like animals and was a person who prioritised profit over human welfare, and was a person “not of good standing” and “of reprehensible morals”.

The court heard Mr McMenamin had taken no steps to defend his position and had evaded service of the legal proceedings.

In his ruling on the assessment of damages, Judge Nolan said he was satisfied that the people intended to reside in Ludden House were not unvetted but women and children fleeing “from the appalling atrocities which Putin’s government imposed upon the people of Ukraine”.

The judge said he was also satisfied that the premises was “nothing like office cubicles and infact, was very fine accommodation”.

He said he was also satisfied based on Mr Casey’s evidence that it was never his intention to make a profit from housing refugees.

The judge said there was no human trafficking but “a very genuine attempt” by Mr Casey to try and relieve the pain and suffering of people from Ukraine.

Finding that the words used by Mr McMenamin were untrue and defamatory, the judge noted that the defendant had over 2,000 friends on his Facebook page which had now risen to 4,000.

He also pointed out that the post had 181 reactions, 45 comments and was shared 180 times.

In assessing damages, the judge said Mr Casey was clearly distressed and although a public figure was somewhat resistant in expressing in court just how much it had affected him.

“It is clear however that it was very stressful, hurtful and upsetting and affected himself and his family, including his daughter who had to be hospitalised,” the judge said.

In reaction to the award of damages, Mr Casey said taking a High Court action to defend his name and reputation was “the very last thing I wanted”.

He added: “I hope this High Court decision will send a very strong message to cyber bullies. Think before you post, as there may well be consequences.”

Photo: Peter Casey. Photo: Leah Farrell/RollingNews.ie