Anti-repossession political activist Ben Gilroy has been given a four-week suspended prison sentence after the High Court ruled he was in contempt of court orders not to interfere with the receivership of a Co Kildare stud farm.
Gilroy, a candidate for Direct Democracy Ireland in May’s European elections, denied he had been in contempt of court last August for interfering with the receivership of the 120-acre stud farm at Kennycourt, Brannockstown, Naas. He argued that he had been just an observer.
In his judgment yesterday Mr Justice Seán Ryan said he was satisfied Gilroy had committed “a flagrant and serious breach” of court orders not to trespass on the property. The judge said a four-week suspended term of imprisonment was the appropriate punishment.
Gilroy said he would appeal the judgment to he Supreme Court.
The contempt proceedings were brought by receivers Mark Reynolds and Glenn Crann.
They said Gilroy was centrally involved in events on August 28th and 31st last when protesters went on to the stud farm and forced their security staff off the property.
The lands were owned by Eugene McDermott and were sold last year by the receivers appointed by Irish Bank Resolution Corporation in late 2011 arising from default on a €814,000 debt secured on the lands.
Invited
Gilroy, representing himself, said he had been invited on to the lands by Charles Allen – of the Rodolphus Allen private trust, which was set up in an effort to prevent repossessions – and had not organised the event on the lands.
Gilroy rejected the receivers’ claims on grounds including he had not been properly served with a notice of contempt, that court orders preventing any interference with the receivers from carrying out their duties were not valid, and that video evidence showed he had been an observer at the protests.
In his judgment the judge rejected Gilroy’s arguments. He said all the evidence before the court, except Gilroy’s, “demonstrated his [Gilroy’s] central and important role” in what were breaches of the court’s injunctions.
The judge said Gilroy had been “instrumental in bringing about a situation on the stud farm that was tense and dangerous”.
The judge acknowledged that things could have been worse during the protests had it not been for the actions of the Garda, security personnel and as well as the participants and organisers of the protest.
He added that while Gilroy had been “a prime mover in the disruptive events, other parties had played leading roles in the resistance to the receivers”. These included Mr McDermott and Charlie Allen, who had previously purged their contempt.
In the circumstances a four-week suspended sentence of imprisonment was the appropriate punishment, the judge ruled. He ordered that Gilroy pay the legal costs of the receivers.