Anti-eviction activist brings High Court challenge to ongoing detention for contempt

Anti-eviction activist Ben Gilroy has started a High Court challenge against his continued detention at Mountjoy Prison where he is serving three months for contempt of court orders.

There was a large crowd in Court 12 of the Four Courts as Mr Justice Max Barrett began hearing an application under Article 40 of the Constitution where Mr Gilroy is claiming his detention in prison is unlawful.

The hearing was adjourned and continues tomorrow.

Mr Justice Max Barrett granted Mr Gilroy bail for the duration of the hearing on his own €100 bond.

Mr Gilroy was jailed nineteen days ago by another High Court judge, Mr Justice Brian McGovern for three months over failure to comply with a court order to complete 80 hours community service after he had admitted criminal contempt.

Mr Justice McGovern found there was a “deliberate and conscious” breach by Mr Gilroy of the October 2017 community service order, arising from Mr Gilroy’s admission earlier in 2017, of criminal contempt.

The contempt related to Mr Gilroy having, in a sworn statement in proceedings by Allied Irish Banks plc seeking to enforce a €3.2m judgment against another man, accused the court of “criminal intimidation and threats”.

Mr Gilroy also compared the action of a court to that of “a thief putting a gun to his head and robbing him of his wallet”.

Mr Gilroy, Riverview, Athlumney Abbey, Navan, Co Meath was ordered to be detained at Mountjoy Prison after the court heard he had not performed any community service.

In court Mr Gilroy along with Mr Jerry Beades claimed in proceedings against the Governor of Mountjoy Prison that on the face of it there was no committal warrant to prison for Mr Gilroy and he should be released immediately.

Counsel for the Governor, Tony McGillicuddy BL submitted that the committal order which commanded the gardai to arrest Mr Gilroy and bring him to Mountjoy prison was clear in its terms and language.

The case continues tomorrow when Mr Justice Max Barrett will continue to hear submissions from both sides.