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Kevin Sharkey pictured in 2003. (File) Gareth Chaney/Photocall Ireland!

Artist Kevin Sharkey ordered to pay €5,000 damages over tweet claiming Kerryman was 'racist'

Sharkey was not present in court for the proceedings.

A KERRY MAN has been awarded damages in the Circuit Civil Court against well-known artist Kevin Sharkey over “highly defamatory” comments he wrote on his Twitter account.

Quantity surveyor Garrett O’Mahony, of Gortnadallagh, Kenmare, Co Kerry, claimed the artist had called him a racist. Sharkey did not appear in court yesterday, nor was he legally represented.

Barrister Karl Sweeney, for O’Mahony, told the court that the proceedings arose after his client replied to a comment posted on the artist’s Twitter account about a picture published on the front page of a daily newspaper.

The court heard that O’Mahony had then received a replying tweet which was “outrageous, completely out of context, deeply offensive and highly defamatory, calling him a racist.”

O’Mahony claimed the post was grossly defamatory of him. He had been using his Twitter account for business purposes and had around 1,400 followers at the time.

Sweeney, who appeared with Granville and Co solicitors for O’Mahony, told Circuit Court President Justice Raymond Groarke that his client was two years ago granted injunctions against Sharkey, directing the artist to remove the alleged comments.

Counsel said the comments were removed a couple of weeks after the court order but had remained publicly visible for a month. The tweet had been highly detrimental to O’Mahony’s character and credibility.

Sharkey had at the time denied in an email that the Twitter account was his. He had stated that the Twitter account the comment was posted on was a fake.

“The Twitter account you mention is not mine and never has been. There are 17 fake accounts on Twitter and Facebook all claiming to be me, however, they are not me. Regards, Kevin Sharkey,” the email said.

The court had heard that O’Mahony, had taken “investigative steps” to establish that the Twitter account in question belonged to Mr Sharkey.

Yesterday, Sweeney said there had been no communication from Sharkey since the proceedings were initiated, apart from the email. Counsel said O’Mahony had been granted a judgment in default of appearance and today’s case was one of assessment of damages only.

Judge Groarke awarded O’Mahony €5,000 damages along with his legal fees which could cost Sharkey another €10,000.

Read: Black British woman gets barrage of racist and sexist abuse while tweeting from @Ireland >

Read: “We will kill you”: Irish politicians speak out against online abuse >

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    Mute PaulJ
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    Oct 12th 2016, 3:15 PM

    Let that be a lesson to you commentators who come on articles about immigrants/refugees throwing the racist accusation at everyone!

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    Mute NO 2 FF/FG/LAB
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    Oct 12th 2016, 3:16 PM

    Shut up you racist

    105
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    Mute NO 2 FF/FG/LAB
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    Oct 12th 2016, 3:17 PM

    You are probably not racist. The simple point I am making is that eggs and trolls are not subject to defamation. Only real people with public profiles

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    Mute Aaron O'Leary
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    Oct 12th 2016, 3:22 PM

    @PaulJ: just because some man won a compo case over a Twitter row, does not mean there isn’t an abundance of racists on a this website who lurk and wait for migrant related posts. One of which called the entire Islamic population a sub race.

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    Mute Danny Rafferty
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    Oct 12th 2016, 3:37 PM

    If I read someone being racist I call them out on it – even if the discussion is about immigration. Most of them are anonymous cowards any way and they shut up and eff off on their own once called out on it. You’d see a lot less of that rubbish of the didn’t allow comments from platforms supporting fake accounts and the comments section would be much much better. In the long run it would be better for this publication IMHO.

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    Mute MaryLou(ny)McDonald
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    Oct 12th 2016, 4:12 PM

    @PaulJ: You can’t legally defame/libel a group.

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    Mute Tony Canning
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    Oct 12th 2016, 10:51 PM

    TBH it’s sad that such terms get thrown out so haphazardly. Often it’s not justified so it allows for eye rolling and that’s that.
    It’s worth actually discussing these points but the shutdown is Loay’s lurking in the background. It’s like reverse political correctness.

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    Mute Stephen j
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    Oct 12th 2016, 3:25 PM

    Sure I wouldn’t know i’m from Donegal

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    Mute brian boru
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    Oct 13th 2016, 7:58 AM

    What a miscarriage of justice,

    Is groarke suffering early stage dementia ?

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    Mute Stephen j
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    Oct 13th 2016, 4:15 PM

    @brian boru: Wha?

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    Mute Brent Weaver
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    Oct 12th 2016, 3:16 PM

    Take note Petr!!!! Just because we are not all for open borders doesn’t make us racist.

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    Mute NO 2 FF/FG/LAB
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    Oct 12th 2016, 3:18 PM

    Well I’m against the Northern Ireland border !

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    Mute Mr KnowitAll
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    Oct 12th 2016, 3:25 PM

    Maybe Sharkey can paint the man a nice picture as in way of compensation !
    Value it over €5000 & Bob’s your racist uncle !

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    Mute michael collins
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    Oct 12th 2016, 3:25 PM

    @NO 2 FF/FG/LAB: I fully support a border between ireland and the british part of this island, the sooner the better i say

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    Mute O-'Seán
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    Oct 12th 2016, 3:45 PM

    @Brent Weaver: take note militant far-lefties who condemn all differing views with accusations of racism

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    Mute Shane Molloy
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    Oct 12th 2016, 9:06 PM

    Ah Tommy again. ;-)

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    Mute Mercurial One
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    Oct 12th 2016, 3:29 PM

    “Racist”, I’m not a racist. In fact, I don’t own a bike of any sort

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    Mute Danny Rafferty
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    Oct 12th 2016, 3:39 PM

    Lol

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    Mute Daniel Fontaine
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    Oct 12th 2016, 3:19 PM

    AH!…the race card?
    How convenient.

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    Mute Daniel Fontaine
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    Oct 12th 2016, 3:22 PM

    Almost as abused as the homophobia card at this point.

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    Mute Matty Reese
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    Oct 12th 2016, 3:37 PM

    @Daniel Fontaine: Or children at the hands of the catholic church Tommy

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    Mute Daniel Fontaine
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    Oct 12th 2016, 3:50 PM

    @Matty Reese:
    Anyway. Guess that scuppers Kevin’s bid for the presidency then. Better it’s come to light now rather than during an RTE debate I suppose.

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    Mute Tony Canning
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    Oct 12th 2016, 10:53 PM

    Regardless of whatever this situation is the overplay of any “card” only allows those who never want to accept that prejudice exists to ignore it instead.

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    Mute Margie Murph
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    Oct 12th 2016, 3:25 PM

    Excellent. Good to see someone brought to account for the casual throwing around of that slur. Maybe the open borders regressives will now have to expand their vocabulary a bit and make a case for themselves and their arguments that doesn’t involve that lazy attack.

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    Mute Darren Tully
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    Oct 12th 2016, 4:47 PM

    @Margie Murph: Like the slurs I see you throw at groups week in week out? It goes both ways

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    Mute Matty Reese
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    Oct 12th 2016, 5:13 PM

    I still call you out a racist margie

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    Mute Margie Murph
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    Oct 12th 2016, 6:08 PM

    @darren Tully. and you are…..

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    Mute Margie Murph
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    Oct 12th 2016, 8:27 PM

    Knock yourself out there matty.

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    Mute Ciaran Penrose
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    Oct 12th 2016, 4:18 PM

    €5,000 fine, that`s like a form of black male.

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    Mute John B
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    Oct 12th 2016, 6:18 PM

    I hear you’re a racist now father, I mean Ciaran.

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    Mute Jason Culligan
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    Oct 12th 2016, 4:19 PM

    Looks like I’m due a windfall. Petr and Phil, get your checkbooks ready.

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    Mute George Brown
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    Oct 12th 2016, 5:53 PM

    I’ve been bothered for years by all the undue accusations of racism that I’ve seen online. Sometimes even directed at me.

    I still don’t like the idea of a fine for accusations. I think accusations, damaging or otherwise, should be allowed for the sake of free discussion and open discourse.

    However, I think it should be illegal to break or refuse to make a contract with someone on the basis of an accusation without evidence. Because that’s an indefensible thing to do, even when people believe that baseless accusation and it leads to PR problems.

    Of course what’s ideal and what’s workable isn’t the same thing. Maybe my ideas aren’t feasible and fining people for making empty accusations is the only way to protect people in this regard.

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    Mute El Psy Kongaroo
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    Oct 13th 2016, 12:08 AM

    This lad’s all over the Indo these days. Suppose they need some self publicising talentless shite to fill up space as Twink seems to have to gone to ground lately.

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    Mute Nasir Saeed
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    Oct 13th 2016, 7:25 AM

    social media is a load of me bollocks

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