Gardai accused of campaign of harassment in High Court action by businessman
A Dublin businessman who claims he is being harassed by the Gardai has launched High Court proceedings aimed at preventing members of the Force from watching or besetting him.
The action has been brought by Francis McGuinness, who sells articulated trucks and other related machinery, who alleges that for several years he has been intimidated, harassed and has had property seized off him by the Gardai.
Alan Toal Bl todl the the High Court Mr McGuinness was extremely concerned about the alleged unlawful manner in which he has been treated by the Gardai, and fears his business might be affected.
In a sworn statement Mr McGuinness said he is not a criminal and is in not engaged in criminal activity.
Outlining one alleged incident McGuinness said that earlier this month he was stopped by the Gardai while driving on the M50.
He said he has been informed by gardai his motor insurance had been cancelled 45 minutes earlier.
Mr McGuinness, who said the allegation was "nonsense" added that the two Gardai started acting in a childish manner towards him.
He said during the course of their engagement the Gardai referred to the Garda Commissioner as "Mammy".
The Gardai he said also cautioned him about an alleged breach of the peace and told him that they "knew his face" and "would see him again."
Mr Justice Paul Gilligan granted Mr McGuinness’s lawyers permission to serve short notice of the proceedings on the Gardai Commissioner and the DPP.
In his action Mr McGuinness seeks injunctions preventing the Gardai from watching or besetting the businessman at either his private residence at Hillcrest, Cloughran, Co Dublin or his commercial business at Pinnock Hil, Co Dublin.
He is also seeking orders to prohibit the defendants from attending at the two premises or from seizing any more of Mr McGuinness’s property.
They must also return all property he claims has been unlawfully taken from him by the Gardai.
The application was made on an ex parte basis.
Counsel told the court that Mr McGuinness has other proceedings where he has asked the High Court to consider committing Garda Commissioner Nóirín O’Sullivan and a number of other gardaí to prison for alleged contempt of court.
The case involves allegations gardaí failed to abide by court orders directing the return of an excavator and a truck seized from Mr McGuinness.
He claims two gardaí alletgedly ignored District Court orders made in 2013 for the return of a Kobelco excavator and a Volvo truck.
It is alleged that both items were sold in contravention of court orders last September as part of the enforcement of a tax demand by the CAB against Mr McGuinness’s Vehicle Tech Ltd company.
