Man with UK-registered BMW in Donegal refused to give keys to Custom’s officer

A man who refused to allow a UK-registered BMW to be seized by an officer of the Revenue Commissioners claimed at the time that he had only borrowed the vehicle.

Paul Gilmore, 46, of 91 Ernedale Heights, Ballyshannon, was before a recent sitting of Donegal District Court which took place in Ballyshannon Courthouse. He pleaded guilty to the offence of being in possession of an unregistered vehicle, a UK-registered BMW 640d, on January 10, 2024 at Bachelor’s Walk, Ballyshannon. The offence is contrary to Section 139 (3) (a) and Section 139 (4) of the Finance Act 1992.

State solicitor Kieran Dillon told the court that an officer for the Revenue Commissioners approached the vehicle and spoke to the driver, Paul Gilmore.

“He said he was staying at his mother’s house the last couple of nights,” said Mr Dillon. “He said the vehicle belonged to a Mr Carlin in Cookstown, that he drove a lorry for him and sometimes took the car home.”

However, Mr Dillon added, the defendant had signed on for a Jobseekers payment in the state during the first week in December.

“The officer said the car would be seized, and he refused to give her the keys,” said the state solicitor. “The vehicle was later put through the books, registered and duty paid.”

The court heard that the defendant had no previous convictions.

Solicitor for the accused, Rory O’Brien said that his client was unemployed and was caring for both parents. He said that Gilmore accepted the facts as outlined by Mr Dillon.

“A plea is tendered,” said Mr O’Brien. “I ask the court, given his lack of income, to reduce the fine as much as possible.”

Mr Dillon told the court that the maximum fine for the offence was €5,000 with discretion to reduce no lower than €1,250.

Judge Ciaran Liddy imposed a fine of €1,250 and allowed the defendant six months to pay.

Legal aid was granted.