Judge warns Ben Gilroy over alleged threats to arrest Start Mortgages reps

A High Court judge has warned anti-eviction activist 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 in videos posted on social media about Start, its employees and lawyers.

In the posts, Mr Gilroy claims Start is involved in a fraud and he intends to arrest people working for or associated with Start.

The judge has also referred the posts to the Law Society of Ireland for investigation, saying she was doing so because Mr Gilroy was purporting to give legal advice on the video which he was not entitled to do and she was concerned "naive" viewers could be misled.

Mr Gilroy denied giving legal advice.

Mr Gilroy is separately contesting an application by Start for repossession orders in respect of his family home in Co Meath.

Those proceedings, which relate to alleged default on repayments on a loan for €310,000 which Start claims it advanced to Mr Gilroy and his wife in 2006, stand adjourned before Trim Circuit Court.

Start claims it is owed €512,000 by Mr Gilroy and his wife and the last repayment made by them was in February 2011.

At the High Court on Friday, Ms Justice Reynolds continued injunctions obtained by Start which prevent Mr Gilroy arresting, restraining or assaulting any of Start’s current or former officers, agents, lawyers or employees.

He is also restrained from posting online any information relating to home addresses or property of those persons.

‘Blackened’

Mr Gilroy was further restrained from giving any legal advice and was directed to remove certain posts made by him by 9pm on Friday.

Mr Gilroy, who represented himself, told the judge he intended to appeal her ruling.

He said he has power to arrest people whom he believes have committed a fraud, was not prepared to give an undertaking not to do so and had offered to meet those he wants to arrest by appointment outside their local garda stations.

Mr Gilroy complained his name had been “blackened in the media” because the order required him not to assault anyone.

He previously worked as a store detective and had made hundreds of arrests and never assaulted anyone.

He also objected to removing any of the videos posted, claiming that amounted to a breach of his right to freedom of speech.

He was prepared to give certain undertakings, including not to get a “posse” together to arrest people, attend at their homes, or assault anyone.

Ms Justice Reynolds said this was a “serious” situation and told Mr Gilroy neither he nor “his posse” was to arrest anyone associated with Start.

If he believed a fraud had been committed, he should make a complaint to the Garda, who could refer the matter to the DPP, she said.

She told Mr Gilroy he was “not the DPP” and had been “clearly warned” about the consequences of any attempt to arrest anyone at Start.

Start, which rejects the fraud allegations made against it by Mr Gilroy, had said Mr Gilroy states in the video he intends to “get a posse together” and “start arresting these people in a systemic way”.

Represented by Garrett Flynn BL, Start claims this is an attempt by Mr Gilroy to intimidate and harass its representatives.