Court orders return of vehicles impounded after being parked outside Waterford garda station for three years

The 06 Ford Transit van and 97 VW Polo had advertised accusatory statements against a senior Dungarvan Garda over an administrative grievance.

A district court has directed that two vehicles impounded by gardaí after being parked outside a west Waterford Garda station for almost three years, must be restored to their owners.

The order also leaves An Garda with a large bill in accumulated storage fees.

The 06 Ford Transit van and 97 VW Polo had advertised accusatory statements against a senior Dungarvan Garda over an administrative grievance.

Thomas O’Sullivan and Laurie Murphy, both of Whitegate, Midleton brought an application for the vehicles’ return to Dungarvan District Court under the Police Property Act.

They also contested associated summonses.

The case origins, which were not referenced in court, date back to 2017 when a warrant was issued for Mr O’Sullivan’s arrest due to his non-appearance in court on a public behaviour-related charge that was later dismissed.

Mr O’Sullivan’s claim that he never received the court summons was later substantiated by An Post.

He then sought to have the record removed from the Garda PULSE system but Superintendent Michael Leacy declined, insisting it was “a factual representation of An Garda Síochána in this case". 

In early 2018 Mr O’Sullivan parked the vehicles opposite Dungarvan Garda station, with testimony of his grievances attached in large lettering.

Despite a written apology from Assistant Garda Commissioner Michael Finn in 2019 and a note of vindication added to the Pulse record, Mr O’Sullivan demanded the superintendent apologise or the vehicles remained.

Gardaí seized the vehicles at 6.40pm on September 19 last under the 1994 Road Traffic Act and brought them to a Garda compound in Waterford city.

Garda Sergeant Tom Gahan told Judge Brian O’Shea that relevant road worthiness and insurance certificates were not displayed.

Solicitor for the applicants Daithí O’Donnabháin said the vehicles were not in use at the time but were taxed, insured and legally parked.

He said efforts to reach a solution through correspondence with the superintendent, who was not in court, had failed.

Judge O’Shea ruled that the State had failed to furnish the court with evidence of registered ownership of the vehicles and quashed the summonses.

Storage fees

Garda Inspector Stephen Murphy said storage fees of €35 per day per vehicle now totalled almost €8,000 and gardaí were requesting the payment before releasing the vehicles.

However Judge O’Shea accused gardaí of “effectively exercising a lien over the vehicles as a device to get payment for the fees”.

He said the court could order the destruction or return of the property but the outstanding fees was a civil issue, not a criminal one and it was the gardaí’s option whether to pursue it accordingly.

The judge ordered the vehicles to be returned to the appellants by November 5.

He denied the appellants' request for costs.