Man who breached Covid travel laws claimed he was strip-searched by Gardaí

A fitness instructor told a court that he had written a letter of complaint to the Garda Ombudsman after he branded his alleged treatment by gardaí as a “disgrace”, at Ballyshannon District Court.

Liam Murray, Summerhill, Tubbercurry, County Sligo said he had complained about how gardaí had allegedly dealt with him after he was arrested on January 27 last year.

He told the court that he was handcuffed, and later strip-searched without a doctor being present after he was arrested and brought to Ballyshannon Garda Station.

The defendant, who represented himself in court, was charged with being in contravention of Covid regulations in relation to the movement of a person, at Ballyshannon on January 27 last year.

He was also charged with the non-display of tax on the same date and the same location.

Garda Niamh Brennan told the court that gardaí were conducting a Covid checkpoint on the N15 at Ballyshannon on January 27 last year when they saw a van being driven suspiciously. She said it went past the checkpoint.

Gardaí followed the van, and it took off at speed. 

“We struggled to keep up with it,” she said.

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The garda said a colleague was contacted and the defendant was stopped.

He said he was travelling late at night as he knew he was breaking the 5km restriction.

The defendant said he was going to County Donegal.

He was detained for a search for drugs, and none were found.

The defendant said he knew the penalty for both matters.

The tax had been out on the van since July 2020.

Fixed Penalty Notices were issued for both charges but were not paid.

Liam Murray, addressing the court, said he wondered how the gardaí found his driving to be suspicious as he drove a 2008 van which could only do 100kph maximum.

He said he was observing the speed limit when he went around the roundabout.

He added that when he was detained, he was handcuffed on the side of the road and not read his rights.

He said he struggled with his mental health and had his own gym fitness club and was en route to visit his partner who lives in Ballindrait. Because of Covid they had not seen much of each other.

He added that he was struggling financially and did not speed away from the checkpoint.

It was a “dirty evening” and there were no gardaí on the road, he said.

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He questioned how gardaí could say they chased him as he immediately pulled over and was questioned.

His girlfriend, who lived alone, was not contacted to verify the reason for his travel.

“Yet I was arrested by gardaí and that is a disgrace and I have no problem in saying this,” he said.

He added that he had sent a letter of complaint to the Garda Ombudsman.

Judge Sandra Murphy said that was a different matter and the court was dealing with the two charges against the defendant.

The defendant said he had a special reason for travelling during the Covid restrictions and was admitting that the tax was out.

The van had since been back-taxed.

“For me my journey was essential, and I would have had no problem turning back if I had been allowed to”, the defendant said.

He added that he was thrown in the back of the ‘Paddy Wagon’, held for 30 minutes and then strip-searched without a doctor being present.

“That is disgusting,” he added.

Garda Inspector Seamus McGonigle said he did not want to add to the defendant’s stress but wondered why he did not pay the Fixed Penalty Notice charges.

The defendant said he had written the letter of complaint to the Ombudsman and was waiting for a response.

“I had the understanding that this matter would be dealt with, and I was angry and there was a bit of defiance and I have no problem paying the fines,” he said.

He added that he and his girlfriend had not seen each other in months.

Judge Murphy told the defendant that all over the country people were not allowed to see their loved ones in hospital and some people had sadly died on their own during Covid.

She added that the defendant’s excuse was not allowable.

“We were all under pressure at that time,” she said.

The court heard the defendant had back-taxed his car and he had no previous convictions.

Judge Murphy fined the defendant €120 for the non-display of tax and €100 on the movement of persons charge. These were the same amounts as the original Fixed Penalty Notices that were issued to the defendant.