The arrest of two men only hours before they were due to appear in court was merely a coincidence, a judge held yesterday.
Judge Elizabeth Dunne said in the Circuit Civil Court she was satisfied the arrest of Mr James Gantley, and his son, also James, of Sundrive Road, Crumlin, Dublin, which prevented them from appearing in court, was an unfortunate occurrence.
"I do not believe there was any mala fides by any of the parties concerned in relation to the arrest," Judge Dunne said. She said that on the previous day, when informed of the arrests, she was concerned something had occurred which would be an interference with the administration of justice.
After having heard evidence from the arresting garda, Det Sgt Joseph O'Hara, she was satisfied he had not been aware the Gantleys were due to appear in court and that the arrests had been made in relation to another matter.
Ms Nuala Jackson, counsel for the State, had told the court Sgt O'Hara was extremely anxious there would not be any "shadow or taint" relating to the arrests.
She said there had been media reports of "eyebrow-raising" when the court was informed of the arrests.
Mr Gantley, his sons James and Paul, and his daughter Sharon were in court yesterday to prosecute appeals against a decision of the Department of Social Welfare, following investigations by the Criminal Assets Bureau, terminating unemployment benefits.
When Judge Dunne held it would be incumbent upon Mr Gantley snr to establish his entitlement to social welfare, rather than have the State establish he was not, Mr Gantley's counsel, Mr David Keane, told the court that his client had elected not to give evidence.
Judge Dunne dismissed Mr Gantley's appeal and made an order for costs against him. A number of other appeals by members of the Gantley family are continuing.