Harrassment injunction against ex-scientologist lifted

The High Court has lifted a perpetual injunction against a former Church of Scientology (CoS) member which prevented him from harassing or besetting two current members.

Mr Justice Seamus Noonan said Peter Griffiths (63) had apologised and accepted it was wrong and unlawful to follow Zabrina Collins and Michael O’Donnell around when they delivered CoS-funded “Truth about Drugs” leaflets on December 20th, 2014.

The judge was satisfied Mr Griffiths was a truthful witness and, by and large, a law abiding citizen. He also had regard to the fact that his fellow defendant, John McGhee, an embalmer from Clara, Co Offaly, was the main protagonist in the harassment on the day the CoS members were followed around the streets of north city Dublin.

Doorstepping

Mr Griffiths, of Teeling Street, Ballina, Co Mayo, had brought an appeal against an injunction first granted a few days after the December 20th incident, preventing him, and Mr McGhee from doorstepping, intimidating, approaching, harassing or videoing Ms Collins, who is a CoS director originally from Donegal and now living in Tyrellstown, Dublin, or Mr O'Donnell, of Cherrywood Lawn, Clondalkin, Dublin.

The injunction applied to interference at the plaintiffs’ homes, place of work or CoS premises. It was later made perpetual when the case was remitted from the High to the Circuit Court.

Ms Collins and Mr O’Donnell opposed Mr Griffiths’s appeal over the permanent nature of the injunction. Mr Griffiths believed the injunction was too wide because it prevented him from engaging in peaceful protest. Mr McGhee did not appeal.

Lifting the injunction on Wednesday, Mr Justice Noonan said the test for a perpetual injunction was whether a substantial risk of danger existed.

In this case, there was only one incident complained of, the following around of Ms Collins and Mr O’Donnell as they delivered leaflets in 2014 for half an hour.

Ms Collins and Mr O’Donnell had been awarded damages for harassment and assault, €3,500 against Mr McGhee and €2,000 against Mr Griffiths over that incident.

Since the injunction was granted, there has been no suggestion Mr Griffiths was in breach of it, the judge said. He said he was satisfied the behaviour complained of “is small and certainly does not amount to a substantial risk it will recur”.

Saga

He hoped Mr Griffiths had learned his lesson from this saga and will stay well away from plaintiffs in the future. If not, he may expect the court to take an extremely serious view of any potentially unlawful acts that may occur.

The judge there was also another significant factor relating to the question that a plaintiff must have “clean hands” when they seek injunctive relief.

Ms Collins, who had been ordered by the Circuit Court to pay Mr Griffiths €5,000 over untrue allegations she made about him following a talk on scientology he gave in a Dublin school, had herself engaged in an attempt to demonise and discredit Mr Griffiths, Mr Justice Noonan said.

This attempt to undermine any criticism he [MR GRIFFITHS)]had, legitimate or otherwise, of the CoS, cannot be viewed “as other than a failure to come to court with clean hands”.

The judge dissolved the perpetual injunction and adjourned the question of costs for two weeks.