Defendant told Donegal garda that his van was ‘his own private dwelling’

A man who tried to prevent gardaí from opening the door of his vehicle after being stopped, told the officer that the van was ‘his own private dwelling.’

Joseph Griffin, 58, of Sessiaghoneill, Ballybofey, was before Ballyshannon District Court on Friday, September 9. He is charged that on August 16, 2022 at Coolcholly, Ballyshannon, he used a vehicle to which no identification mark was assigned to the back thereof. He is also charged with the same offence in relation to the front of the vehicle. The offences are contrary to Section 12 (4) Roads Act, 1920 as amended by Section 63 Finance Act, 1993.

The defendant is further charged that on the same occasion, he resisted, wilfully obstructed or impeded  Garda Michael Connolly, a peace officer acting in the execution of their duty. That offence is contrary to Section 19 (3) of the Criminal Justice Act (Public Order) Act, 1994 (as amended by Section 185 of the Criminal Justice Act), 2006

The case was initially heard in Ballyshannon District Court by Judge Ciaran Liddy on April 15, where it was put on record that the defendant had been notified of the hearing date and was not present. 

Judge Liddy had noted ‘facts proven’ and issued a bench warrant so that the defendant would be present for sentencing and finalisation of the matter. 

He subsequently appeared before Judge Brendan O’Reilly on foot of the bench warrant in July, and the matter was adjourned to the September date to allow Judge Liddy to finalise the case 

At the most recent court hearing, the defendant, who opted not to be represented by a solicitor, began by announcing that his name was not Joseph Griffin, adding: “I am commonly known as Joseph Martin Griffin.”

Inspector Anthony Coyle told the court that on the date in question, gardaí observed a white Volkswagen Caddy with no tax or insurance discs.

“Garda Michael Connolly stopped the vehicle and attempted to speak to the driver,” said the inspector. “The driver made efforts to maintain closure of the vehicle door, saying it was ‘his own private dwelling.’

“Garda Connolly told the defendant he was being arrested for not providing his name and address.

“He had to be forcefully removed from the vehicle. It was only when he came to the garda station on arrest that his name was disclosed.”

For the charge of obstructing an officer in the execution of his duty, Judge Liddy imposed a fine of €250, with recognisance set at a bond of €100 cash and €100 non-cash in the event of an appeal being lodged. 

The remaining charges were taken into consideration in the conviction. 

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