Corkman's scrambler bikes destroyed a month before he secured court order for their return 

Judge said a civil order for compensation may have to be made against the State in respect of the destroyed scramblers

Scramblers were seized on April 10, 2023, when they were being driven without registration plates or insurance, court heard. File picture

A court order was made to return two scrambler motorbikes seized by gardaí but it has now emerged the vehicles were destroyed one month before the order was made.

Judge Marie Keane said after hearing an outline of the background to the matter at Cork District Court: “This is ridiculous.” 

Frank Buttimer, solicitor for Patrick O’Donoghue of 12 Shannon Lawn, Mayfield, Cork, who applied for the return of the scramblers, said: “I am running around like a headless chicken for the past five months.” 

He said the applicant was running up costs for making these applications and he would be looking for the State to pay these costs.

Judge Keane said a civil order for compensation may have to be made against the State in respect of the destroyed scramblers at a later occasion. 

But first the judge instructed the gardaí to bring an application next week to vacate the order to have the bikes returned when it was now clear the bikes were gone.

Garda Brian O’Sullivan said the scramblers were seized on April 10, 2023, when they were being driven without registration plates or insurance. 

He also said a false name was given on the day by the man with the bikes. He said they were later examined by other gardaí and found to be unroadworthy and of scrap value. They were destroyed on May 2.

On May 3, an application was made for the return of the bikes and this order was granted in court on June 2. Garda O’Sullivan consented to that order for the return of the bikes on that date. 

He has now explained that at the time he had not been informed that the bikes had been destroyed and did not learn this until August.

Mr Buttimer said back in April he had written to Garda O’Sullivan looking for the return of the bikes but there was no reply to the letter. 

Garda O’Sullivan said he never received that letter. Mr Buttimer said because there was no reply to this or other letters, he had to bring a police property application to Cork District Court.

“Am I fantasising that I sent a letter and it just disappeared into the ether. It is a solicitor’s letter. It was ignored. What can one do?” Mr Buttimer asked.

Judge Keane said the order of June to have the scramblers returned was incorrect because it was based on the misleading information that the bikes were available to be returned.

The judge directed the prosecution to make the application next week to have the June court order vacated. Judge Keane then suggested that it may be an appropriate matter for a civil case for compensation against the State.

One of the scramblers was a Suzuki, the other was a Honda.