A HIGH COURT Judge has referred what he said were “inconsistencies” concerning the income of Direct Democracy Ireland founder Ben Gilroy to the Revenue Commissioner’s Investigations Unit.
In July, Mr Justice Brian McGovern found Gilroy was in contempt of court and said he was minded to impose a community service order on him in lieu of three months in prison.
The matter returned before the court on this morning when the judge said that a report from the Probation Service deemed Gilroy a suitable candidate to carry out 80 hours of community service.
The judge said an “inconsistency” had arisen that concerned the court.
When the matter had been before the court in July, Gilroy had said he was not employed or in receipt of income, which resulted in the court granting him legal aid for the contempt proceedings.
The judge said a probation report furnished to the court said Gilroy was in full time employment. Judge McGovern said that as the court had “neither the time nor the resources” to look into this matter he was referring the case to Revenue’s Investigation Unit.
The DPP could liaise with Revenue in regards to the investigation and take steps if there was any evidence of a false declaration the judge said.
The judge also said there had been another example of Gilroy “flip flopping” during the proceedings. Gilroy had said he did not have a passport, the judge said, however, he also said he wanted to go on holidays to Spain.
Gilory could not travel to Spain without a passport, the judge said.
Giollaiosa Ó Lideadha SC for Gilroy said his instructions are that his client “does not have any income.”
The contempt related to Gilroy having, in a sworn statement in proceedings by Allied Irish Banks seeking to enforce a €3.2 million judgment against another man, accused the court of “criminal intimidation and threats” and comparing the action of a court to that of a thief putting a gun to his head and robbing him of his wallet.
Gilroy of Riveriew, Athlumney Abbey, Navan, Co Meath, alleged he was threatened by members of a “semi-secretive society” wearing wigs and black cloaks who believe they are “superior to other members of society” and who act in a clandestine fashion “to hide their criminality”.
Last July, the Judge said Gilroy had accused him – of being “in breach of his oath of office” and of taking part in, and allowing criminal activity to take place in front of him.
The affidavit also contained further threats against the judge and solicitor and counsel for AIB, the plaintiff in the proceedings, the udge said.
Justice McGovern said Gilroy’s affidavit was “nothing short of a direct attack on the court and the administration of justice” and was calculated to bring the administration of justice into disrepute and diminish the authority of the court
It was an aggravating factor Gilroy set his views out in an affidavit and not “in the heat of the moment”, the judge added.
However, Gilroy admitted criminal contempt and had apologised and consented to a community service order, the judge said.
Gilroy provided the affidavit in AIB’s proceedings seeking to enforce a €3.25 million judgment obtained against Seamus McQuaid, of Crumlin, Silverstream, Co Monaghan.
In the course of those proceedings, the bank alleged civil contempt and applied for attachment and committal to prison of McQuaid, Gilroy, and a third man, Charles McGuinness, of Tully House, Monaghan.
The proceedings stand adjourned and will return before the court later this month.
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