The High Court requested a probation assessment for Ben Gilroy after he pleaded guilty to criminal contempt over statements in an affidavit. The court said it would relist the matter on 6 October 2017 for further order after considering the report.
Mr Justice Brian McGovern said the affidavit, affirmed on 27 June 2017, contained attacks on the court and administration of justice, accusations of criminal intimidation and threats, and allegations of improper connections involving the court and banking interests. The judge described the written statements as considered rather than an outburst in court.
The court gave Mr Gilroy credit for admitting the contempt, apologising unreservedly and withdrawing the offending remarks. The judge said that, without those mitigating circumstances, six months’ imprisonment would have been appropriate; taking them into account, he considered three months’ imprisonment appropriate.
However, the judge considered a community service order, subject to a probation officer’s assessment and the statutory requirements. Mr Gilroy’s counsel said he consented to such an order. The court requested the report; it did not make a community service order or impose the three-month prison term at this stage.
The contempt issue arose during Allied Irish Banks plc’s application for attachment and committal in proceedings involving Seamus McQuaid, Mr Gilroy and Charles McGuinness. The bank had also alleged civil contempt based on alleged non-compliance with court orders and undertakings. That part of the application had been adjourned to allow the defendants to seek permission to cross-examine a bank witness. The judge expressly left the question of compliance for a later determination.