High Court, upon a guilty plea for an offence of criminal contempt arising from an affidavit attacking the Court and the administration of justice, determines that a community service order is the appropriate punishment in lieu of imprisonment, and adjourns sentencing until he receives a report from a probation officer.
Attachment and committal – contempt of court - bank seeking orders attaching and committing the defendants – defendants failed to comply with the High Court order – bank assert that the second defendant is guilty of criminal contempt on account of the content of his affidavit in these proceedings and in response to the application for attachment and committal – second defendant pleaded guilty to criminal contempt arising out of the contents of the affidavit affirmed by him - bank obtained judgment against the first named defendant in the sum of €3,256,217.49 together with interest - bank was granted ex parte relief restraining the first named defendant from dissipating his assets below the sum of the judgment obtained – Court joined second and third defendants - mandatory orders designed to ensure the preservation of the assets – second named defendant’s affidavit – second defendant claimed to have been unlawfully threatened – the conduct of the judiciary and legal practitioners - law with regard to contempt of court - jurisdiction of the courts to punish in a summary manner, criminal contempt in facie curiae – test for criminal contempt - any committal on foot of a criminal contempt of court must be for a defined period – second defendant must be given credit for this admission and his full apology - attempts to deliberately undermine the authority of the courts cannot be permitted if the rule of law is to flourish - laws on contempt are not there to shield judges from legitimate criticism; they exist to protect the rule of law for the benefit of all – affidavit 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 – appropriate punishment is 6 months – in light of the apology court sentence of 3 months appropriate – whether community service order is appropriate – second defendant consents to community service order – Court requested report from Probation Officer.