Couple receive €32,500 in damages after neighbour’s horrific Facebook attack

January 17, 2017

A couple have been awarded more than €30,000 in damages against a neighbour who defamed them on Facebook.

Anthony Downes launched a tirade of insults against Patricia Barnett and her husband Paddy Murphy for no apparent reason.

The couple, from Buncrana, took a defamation action against Downes which was settled at Letterkenny Circuit Civil Court today.

Downes, who did not appear in court, admitted the action and had agreed to apologise unreservedly to the couple.

Mrs Barnett, a pediatrist, told the court that she barely knew Downes and knew of no reason why he would have posted a number of attacks against her on her private and business Facebook pages.

The court heard how Downes accused Ms Barnett’s husband, of The Crescent, Buncrana, of having an affair with another woman and also referred to her as being overweight saying that her exercise regime was not working.

Anthony Downes who was found guilty of a defamation action taken by his nieghbours and was ordered to pay €32500 to his victims. (North West Newspix)

Ms Barnett said that she has screenshot the Facebook posts, which had appeared on February 5th and 6th, 2015, and had then deleted them before contacting Gardai.

She said the posts had both hurt her personally and professionally and said she had later met clients who had not come back to her business because of the embarrassment the postings had caused.

Mr Murphy, from The Crescent, Buncrana, who is his wife’s officer manager and also an active member of the RNLI in Buncrana, said he was horrified by the Facebook postings.

“He (Downes) was indicating that I was having an affair. That was totally and utterly untrue,” said Mr Murphy.

He added that the post had been shared 9 times on Facebook and was also liked a number of times.

He said that himself and his wife had to speak to their twins aged 15 about the incident and explain to them that it was not true.

Barrister for Ms Barnett and Mr Murphy, Patricia McCalum, instructed by solicitor David Henry, said they were seeking damages on behalf of their clients.

Barrister for Downes, Mr Peter Nolan said his client had agreed to give an apology to Ms Barnett and Mr Murphy.

The apology read “I, Anthony Downes, The Bungalow, The Crescent, Buncrana, Co Donegal am responsible and I accept responsibility for the posting on Facebook of comments and about Patricia Barnett, Patrick Murphy and Ann Harkin, which comments were irresponsible and false and without doubt took the good name and reputation of the persons mentioned, namely Patricia Barnett, Patrick Murphy and Anne Harkin.

“I full and sincerely apologise for the harm done, for my unjust attack on their reputation and for the nasty nature of the comments. The people named are the people of the highest calibre and character and on my part I accept that where they to be believed they would drag these people’s names through the mud and bring them down in the eyes of the persons reading these remarks.

“I have no rational explanation for the posting of the comments. I borne some ill will of grudge to these people and that ill will was taken out by posting the remarks on Facebook. I am ashamed and embarrassed by the harm and distress caused to my neighbours.

“I promise faithfully that there will never be a repetition of the behaviour or publications and I would ask anybody that read the posts to ignore them and to continue to hold the targets of my remarks in the high esteem in which they were held prior to my unjust interference in their lives,” he said.

Judge James O’Donoghue described the Facebook posts written by Downes as “scurrilous and reckless.”

“The court is satisfied that both were wronged and their names seriously sullied,” said the Judge.

He awarded Ms Barnett €20,000 in damages and Mr Murphy a further €12,500 in damages and ordered that one of them receive their costs in the case.

He also issued a general warning that the posting of Facebook comments was sometimes a “highly dangerous activity.”

“People perhaps with alcohol late at night can post these remarks and injure people’s character. It is a highly dangerous activity and can result in long term hurt to families and people’s good names and this is an example of that,” he said.

Ms Anne Harkin, the third plantiff in the case is due to have her case heard by videolink from Australia in the coming days.


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