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.
Mr Gilroy, a candidate for Direct Democracy Ireland in May's European elections, denied he was in contempt of court last August for interfering with the receivership of the 120-acre stud farm at at Kennycourt, Brannockstown, Naas. He argued he was just an observer.
In his judgment this morning Mr Justice Seán Ryan said he was satisfied Mr Gilroy 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.
Mr Gilroy said he will appeal the judgement to the Supreme Court.
The contempt proceedings were brought by receivers Mark Reynolds and Glenn Crann. They said Mr Gilroy was centrally involved in events on August 28th and 31st last when protesters went onto the stud farm and forced their security staff off the property.
The lands were owned by Eugene McDermott and 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.
Mr Gilroy, representing himself, said he was invited onto the lands by Charles Allen - of the Rodolphus Allen private trust which was set up in an effort to prevent repossessions - and did not organise the event on the lands.
Mr Gilroy rejected the receivers’ claims on grounds including he was not 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 was an observer at the protests.
The judge rejected Mr Gilroy’s arguments.
He said all the evidence before the court, except Mr Gilroy’s, “demonstrated his (Gilroy’s) central and important role” in what were breaches of the court’s injunctions.
He said Mr Gilroy was “instrumental in bringing about a situation on the stud farm that was tense and dangerous.” However the judge did acknowledge that things could have been worse during the protests had it not been for the actions of the gardaí, security personnel as well as the participants and organisers of the protest.
The Judge added while Mr Gilroy was “a prime mover in the disruptive events other parties had played leading roles in the resistance to the receivers.” These included Mr McDermott and Mr Charlie Allen, who had previously purged their contempt.
In the circumstances a four week suspended sentence of imprisonment was the appropriate punishement, the judge ruled. He also ordered that Mr Gilroy pay the receivers’ legal costs .