Malin teen gets seized BMW back despite fear of potential ‘serious injury or death’

A judge has ordered the return of a car to an Inishowen teenager despite the misgivings of gardai, who had seized it for suspected serious incidents of dangerous driving and feared that its return could result in ‘serious injury or death’.

Aidan Doherty, of Sea Crest House, Malin Well, Malin Head, brought an application via his solicitor Rory O’Brien, at Buncrana District Court for the immediate return of his vehicle.

The court heard how the 18-year-old’s car – a 2014 BMW 5 Series – was seized at his home on December 27, 2025, following two separate allegations of serious dangerous driving, which are currently under investigation.

The seizure was made under Section 109, which was introduced in 2023 to help tackle cases of antisocial and reckless driving.

Gardai strongly opposed the application for the BMW to be returned to its owner Mr Doherty, who appeared in court flanked by his parents.

Garda Jonathan Jacob, of Carndonagh Garda Station, testified about his fear that giving the car back to Mr Doherty could result in a serious road traffic collision.

“The objection to the return of this vehicle stems from a very serious incident of dangerous driving, which is currently under investigation,” he said.

“There is another active investigation currently ongoing as well, where this vehicle was also driven in a dangerous manner outside a school in Buncrana.”

“We have serious concerns that if this vehicle is returned to its registered owner, then further incidents of this nature would occur, which could give rise to a serious road traffic collision, resulting in serious injury or death.”

Garda Jacob also pointed out how Mr Doherty has not yet cooperated with the ongoing investigation.

“The registered owner has not indicated under Section 107 of the Road Traffic Act who was driving the vehicle at the time in question, so therefore we cannot be satisfied who else has access to the vehicle.”

“There are ongoing investigations – and given the manner of driving, we would have serious concerns about this vehicle.”

Inspector Sean McDaid further pressed the Garda witness: “What is your belief if this car is returned to the owner?”

Garda Jacob replied: “My belief and my fear is that there’s a potential for this vehicle to be driven in a dangerous manner again.”

However, defence solicitor O’Brien strongly rejected that assertion and described the seizure as like something you would see in an ‘Axis-of-Evil-type country’.

“My client has no previous convictions; he’s not charged with anything, and this impinges on his Constitutional Rights. The State is effectively saying: don’t mind about the presumption of innocence, don’t mind about due process, don’t mind about a fair trial, or any of that.”

“This is effectively gifting a vehicle worth €11,000 to the State, which is ludicrous. It’s bordering on Axis-of-Evil-type countries with that type of law that would say the State can seize what it wants, when it wants.”

“Imagine if we all lost our vehicles for two months; imagine if the Inspector lost his vehicle for two months,” Mr O’Brien blasted, calling for the immediate return of his client’s car.

Mr O’Brien then called his client forward to give a sworn undertaking that his vehicle, if it was returned, would not be driven in a dangerous manner by Mr Doherty or anyone else.

Mr Doherty gave that undertaking under oath, telling the court that he’s the only one who drives the vehicle and is the only one insured in it.

Inspector McDaid once again set out the Garda position to the judge: “This legislation was enacted for this reason alone. The allegation is that the car was being used dangerously, and the legislation is to take vehicles like that off the road.”

“My submission is that if it’s given back to Mr Doherty, it’ll be driven dangerously, with serious consequences,” the Inspector concluded.

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Concluding his submission, Mr O’Brien said there was no evidence whatsoever that Mr Doherty had done anything wrong.

“His undertaking has been given full. His parents are in court; they’re very strong and supportive in ensuring that their child is law-abiding.”

Judge Emile Daly described Section 109 as an “unusual” Section.

“This is a provision that requires the court to be blindfolded to facts that the State would want the court to know about – but that’s the section.”

She then delivered her ruling that the BMW be returned to Mr Doherty, while warning him that any future breach of his undertaking would be a “serious matter”.

“I’m satisfied based on the sworn undertaking given by Aidan Doherty that he will not drive the vehicle dangerously, and I shall direct the release of the vehicle to the owner, Mr Doherty.”

“But if there’s a breach of that undertaking, then that could amount to a contempt of court, and proceedings can issue on foot of that. If the keys are given to a third party, then that’s a serious matter for you personally,” Judge Daly further cautioned the young Malin Head man.

The judge refused to grant legal costs to Mr Doherty, following a defence application at the conclusion of the hearing.