In the late night hours of 28th September 2020, a controversial message surfaced on the Twitter platform associated with Luke ‘Ming’ Flanagan, an Independent MEP for Midlands North West since 2014. The Tweet suggested that Flanagan had attempted to find risqué images of former Green Party candidate, Saoirse McHugh, online. Even though the post was swiftly removed, digital images of it had already started circulating and damage had been done.
Flanagan subsequently confirmed his surprise at finding the post on his since deactivated account upon waking that morning. He stated his account had been tampered with in an official statement released hours later, although confessed it was unlikely that many would believe a political figure claiming they had been a victim of cyber tampering following a contentious post.
The truth that Flanagan’s ex-staff member was responsible for the post only came to light after a formal criminal complaint triggered an investigation by Belgian authorities. Diarmuid Hayes, a 33-year-old filmmaker and previous resident of Dublin, had worked in Flanagan’s office as a parliamentary aide focusing on media and video creation. Hayes, a past RTÉ employee and Communications graduate of Dublin City University, had hoped to be retained after Flanagan won his seat again in the 2019 European elections.
However, a disagreement over a rented accommodation for campaign staff in Co Roscommon, among other issues, resulted in a yearlong employment contract being withdrawn, leading to a fallout between the two. According to Hayes, speaking at the Brussels Palace of Justice in February, he felt unjustly treated in the final months of working for Flanagan and turned to cannabis after he was left unemployed.
Flanagan made sure to update the passwords for his online profiles when Hayes left his employ. However, Hayes discovered he could still post to Flanagan’s Twitter profile through the independent software, Tweetcaster.
Flanagan shared with the Belgian judiciary that during the National Ploughing Championships in 2018, Hayes had been permitted to use the app for access to his Twitter profile. The reason behind this was Flanagan’s extremely busy schedule during the three-day event as he was beset by approximately 10,000 people each day, all of whom wished to have a photo taken with him.
Hayes used Tweetcaster to send a tweet from Flanagan’s Twitter handle in the wee hours of Sep 28, 2020. He revealed in court that he had a late-night cannabis smoke and wrote the tweet impulsively as a jest. During the immediate regret that followed, he aimed to reduce the damage by erasing the post.
In the succeeding year, Hayes secured employment as a corporate video producer for the European Commission. Just two days post the birth of his daughter, he was informed of a criminal probe related to the tweet, which consequently caused issues with his security verification. This resulted in him having to resign from his position early into the previous year.
Eventually, he faced legal consequences for his attempt to tarnish Flanagan’s reputation fraudulently. Upon the case reaching trial, he requested leniency from the judge expressing remorse for his actions.
During the testimony, Flanagan expressed that the post had led to him becoming a target of mockery and his family being subjected to harassment. It was only upon the legal proceedings against Hayes commencing, that the hostility he and his family faced began to diminish.
Flanagan expressed, “Had he admitted to his actions immediately, my name would have been cleared instantly. His actions were far from accidental. It was a deliberate, cleverly executed plot to ruin me.”
The case was presented in a small courtroom situated in the lower levels of the Palace of Justice. Both Flanagan and Hayes were seated on benches several feet away from each other. They each had a translator assisting them to comprehend the proceedings conducted in French.
During a hearing in February, public prosecutor Thomas Descamps advocated for a one-year sentence for Hayes, alleging that he had been propelled by a desire for “vengeance”. Charlotte Henderickx, Hayes’ counsel, appealed to the court for her client to be given community service instead of jail time.
Isabelle Jacquemin, the presiding judge, rebuked Mr Hayes for his behaviour on Monday. She handed down a sentence of 150 hours of community service and a penalty of €5,000, along with associated court fees. Following the verdict, Flanagan expressed relief that the issue was finally resolved. “I have been vindicated,” he stated.