Challenge to order to surrender licence

A man is unable to run his business, attend mosque or transport his pregnant wife because a judge told him to surrender his driving licence as a condition of being freed on bail, the High Court has been told.

Ali Basak, a Turkish national, Edenderry, Co Offaly, claims Judge John Coughlan acted outside his powers when he required him to hand over the licence after the judge allegedly described it as “a travel document”.

Mr Basak, who sells hair products, appeared before Judge Coughlan in Blanchardstown District Court on July 3rd on 22 counts of alleged infringements of the Trade Mark Act 1996.

He was being held in custody and when he appeared in court, the prosecuting garda was satisfied he could be released on bail once he surrendered his passport and signed on weekly at the local Garda station. Mr Basak has lived in Ireland for 11 years and has permission to remain until January 2015.

Judge Coughlan then asked if Mr Basak had a driving licence and when he said he did, the judge ordered it be surrendered as a condition of bail. When Mr Basak’s solicitor said he needed it to carry out his business and to transport his wife and family, the judge said: “You’re not listening to me. It is a travel document, hand it up.”

His lawyers yesterday asked Mr Justice John Hedigan for leave to seek a judicial review quashing Judge Coughlan’s decision.