Courts / Dublin / Report

Gilroy's imprisonment is lawful, High Court rules

Summary

In a 12 February 2019 High Court decision, Mr Justice Max Barrett upheld the lawful detention of anti‑eviction activist Ben Gilroy at Dublin's Mountjoy Prison. Gilroy had sought an inquiry under Article 40 of the Constitution, arguing that his imprisonment for failing to complete an 80‑hour community service order was unlawful. The judge rejected his claims, stating that the order was not flawed and that the court was compelled by law to find the detention lawful. Consequently, Gilroy's bail was revoked and he was ordered to return to Mountjoy to serve the remainder of a three‑month term. The ruling was delivered in Court 2 of the Four Courts, where about 40 supporters and friends of Gilroy were present and expressed disapproval. Gilroy's earlier conviction for criminal contempt, related to a sworn statement in a €3.2 million judgment case, had led to the original three‑month sentence imposed by Mr Justice Brian McGovern.

Who, what, where, when and why

What: Report matter: Gilroy's imprisonment is lawful, High Court rules. Procedural stage: sentence

When:

• October 2017 Hearing Or Sentence
• 2019-02-12 Publication

Case subjects

Places mentioned

Topics

Stage Sentence

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Read the original CNI report