Is Gardai breaking the law by seizing cars?

A CO Donegal man whose son took on Gardaí in court after his car was seized and won says more motorists need to legally challenge the practice.
John Doherty spoke out after both Customs and Gardaí seized a total of 60 vehicles across the county in the past three weeks.
The Customs seizures related to UK-registered vehicles which hadn’t Vehicle Registration Tax (VRT) paid. The Garda seizures related mainly to non-payment of road tax.
But despite losing a court case five years ago over the practice, Gardaí are continuing to seize vehicles.
John’s son John Jnr had his car seized in Letterkenny five years ago. It was registered in Northern Ireland at the time.
“The garda in the case said he was seizing John’s car under Section 139 of the 1992 Finance Act,” said John Snr who is part of the Irish Drivers Association lobby group.
“John replied that by taking his car the garda was in breach of his rights under European Law, specifically articles 25 and 39 of the Treaty of Rome; that gardai would be in breach of his rights on freedom of movement as well as in breach of diue process under the Irish Constitution.
“This effectively says that seizure of goods more than the amount allegedly owed to the State is illegal.”
John Snr also confronted Gardai who said his son had a Republic of Ireland drivers’ license. But he responded that it was a European-wide license, which allows him to hire a car whilst abroad – without breaking any laws.
It took more than two years for the case to get to court where John Jnr rejected a plea bargain offer on charges of resisting arrest and possession of a foreign-registered vehicle.
“The Gardai regretted taking the case to court and offered to drop the resisting arrest charges if the VRT charge was pleaded to but we rejected this,” said John Snr.
“In court we told Judge Kevin Kilrane that John had told the garda on the night that failure to deal with the matter by summons was breaching his rights and the judge agreed.
“He told the garda that in future he should follow due process. The cases were thrown out of court.”
He says the Irish Drivers Association is now advising motorists how to handle a situation where a car is being seized.
“What the association are advising people when confronted by customs or Gardai about car seizures in relation to road tax or customs duties/VRT is simply to inform the respective officer that he/she must follow due process and issue them with a summons,” said John.
“Every officer has a duty of care to uphold that person’s Constitutional rights.
That way they get a fair trial by a court. No roadside penalties should be paid in lieu of going to court. No seizure fee should be paid. By enforcing any of these penalties the State denies you your constitutional right to a fair trial in court.
“This is now a fact and has been proven in Letterkenny Court in the case of DPP v John Doherty. Judge Kilrane told the Garda that it was a draconian measure to lift anyone’s car on the roadside. Striking out the case, the judge told the Garda ‘in future guard, follow due process’.” This is the guidance given to motorists from the Irish Drivers Association:
Irish constitutional law
1. The 3rd amendment to the constitution. Ireland’s accession to Europe. Known as the 1972 European Communities Act. This is where the Gov of 1992 signed up to the terms of the treaty of Rome.
2. Constitutional law
The constitution is the highest law in the land and no other acts of law introduced by governments shall supersede same. The constitution can only be changed or amended by the people by means of a referendum.
3. The 1992 Finance Act is an introduction of law which supposedly gives Gardai and Customs the powers of seizure which is contrary to article 15.which states “The Oireachtas shall not enact any law which is in any way repugnant to the constitution or any part thereof.”
4. Article 38 The right to a Fair Trial
Article 38 the right to a fair trial in court by a Judge/ jury. If Gardai and customs start to act as judge jury and executioner on the roadside then we no longer need the courts.
5. Article 37
Every person appointed a judge shall swear an oath to uphold the constitution. And should bring it to the attention of the court where summons are been issued under the 1992 finance act giving powers of seizure is contrary to constitutional law.
6. Article 43 property rights
Your property is yours and can not be seized detained or otherwise unless on foot of a court order signed by a Judge not a ( court clerk ) in other words if it’s not signed by a judge it’s not Valid.
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European law. Treaty of Rome
European principles of proportionality
A court order can not be issued to collect revenue if the property exceeds that which is due to the state. In short they can only lift to the value of, but not above.
Treaty article 10
Member states shall take appropriate measures to ensure fulfilment of the obligations arising out of the treaty.
Article 14
The community shall adopt measures
With the aim of establishing the internal Market over a period expiring on the 31.12.92
Article 25
Customs duties on imports and exports and (charges having equivalent effect) /VRT shall be prohibited between member states.
Article 39. Free movement.
The free movement of goods. Persons. And capital.