Ben Gilroy warned that he could be jailed if he or 'his posse' tries to arrest Start Mortgages staff
A High Court judge has warned activist and politician Ben Gilroy he could find himself "behind bars" if he attempts to arrest any employees or agents of Start Mortgages.
Ms Justice Leonie Reynolds told Mr Gilroy he could end up being charged with assault and/or false imprisonment if he attempts to follow through with statements he made on videos posted on social media about Start and its employees and legal representatives.
In the posts, Mr Gilroy says he intends to arrest people working for or associated with Start.
The Judge also referred the videos posted by Mr Gilroy to the Law Society of Ireland for investigation.
The Judge said this was because Mr Gilroy was purporting to give legal advice on the video which he is not entitled to do, and the court was concerned that "naive" viewers could be misled. Mr Gilroy strongly denied giving legal advice.
The warning was issued this afternoon after the Judge continued injunctions obtained by Start Mortgages DAC preventing Mr Gilroy, who contested this year's European Parliament Elections, from arresting, restraining or assaulting any of Start's current or former officers, agents, lawyers or employees.
Start also secured an order restraining the defendant from publishing or posting online any information relating to the home addresses or property of any of Start's current or former employees, officers, and lawyers.
Mr Gilroy was further restrained from giving any legal advice and directed to remove certain posts made by him in regards to Start and its employees by 9pm this evening.
Mr Gilroy, who represented himself in court, said he intended to appeal the court's ruling.
He said he was not prepared to give an undertaking not to arrest anyone he claims has committed an alleged fraud against him and he had offered to meet those he wants to arrest by appointment outside their local garda stations.
Mr Gilroy complained that his name had been "blackened in the media" because the order required him not to assault anyone. He said that when working as a store detective he had made hundreds of arrests, and had never assaulted anyone.
He also objected to removing any of the videos posted, claiming it amounted to a breach of his right to freedom of speech.
He was prepared to give certain undertakings including not get a posse together to arrest people, or attend at their homes, or that he assault anyone.
Ms Justice Reynolds, expressing her concern about what she said was a "serious" situation, told Mr Gilroy that neither he nor "his posse" was to arrest anyone associated with Start.
She said to do so could amount to him being charged with an assault or false imprisonment.
She said if he believed a fraud had been committed he should make a complaint to the Gardaí, who could refer the matter to the DPP.
The Judge reminded Mr Gilroy he was "not the DPP" and that he had been "clearly warned" about the consequences of any attempt to arrest anyone at Start.
Start, which rejects all the allegations made against it by Mr Gilroy, said Mr Gilroy states in the video that he intends to "get a posse together," and "start arresting these people“ over the coming weeks.
Start represented by Garrett Flynn Bl claims this is an attempt by Mr Gilroy to intimidate and harass Start's representatives.
The court heard that Mr Gilroy is currently contesting an application by Start for repossession orders in respect of his family home in Co. Meath.
Those proceedings, which relates to an alleged default on repayments on a loan for €310,000 which Start claims it advanced to Mr Gilroy and his wife in 2006, stands adjourned before Trim Circuit Court.
Start claims it is owed €512,000 by Mr Gilroy and his wife, and that the last repayment made by them was in February 2011.



