Man seeks orders for return of car from gardaí

A Dublin man has brought a High Court challenge over the seizure of his car by gardaí and refusal to return it.

Ryan Byrne from St Teresa’s Road Crumlin has brought judicial review proceedings against the Garda Commissioner and the Superintendent of Enniscorthy Garda Station arising out of the seizure and retention of his car following his arrest in Dublin on April 16th last.

Mr Byrne, who was detained in respect of an allegation of false imprisonment, was released from Crumlin Station on April 17th. His vehicle was also seized as part of that investigation being conducted by gardaí in Co Wexford.

He was informed he could return on April 18th to get his car back but, on his return, he claims he was informed by gardaí the vehicle could not be released without permission of a Garda Sergeant from Gorey, Co Wexford.

His solicitor Tony Collier wrote to the superintendent in Enniscorthy Garda Station seeking the return of the car, which the court heard remains in Dublin. Colman Fitzgerald SC, with Karl Monahan BL, said, despite several requests for the car’s return, gardaí have retained the vehicle.

Mr Byrne, who is unemployed, is prejudiced by that and requires the car for family reasons, in particular to pick up medicine for his asthmatic three year old son, counsel said. The Covid-19 pandemic has made it unsafe for the child to be in public, counsel added.

In his action, Mr Byrne seeks orders compelling the Commissioner and the Superintendent to either return the car to him or disclose the legal basis for it being withheld. He also seeks a declaration his property rights have been infringed, and damages. Permission to bring the challenge was granted, on an ex-parte basis, by Mr Justice Michael Quinn, and the matter was returned to later this month.