A MAN has brought a High Court action against the State after gardaí allegedly unlawfully seized an ambulance he was driving on grounds it was not insured.
Donall Murray, an emergency medical technician and owner of Air Ambulance Services Ltd, claims he provides medical transport for the socially disadvantaged.
He has sued the State over an incident at Coolevin Road, Ballybrack, Dublin, on August 23rd, 2000, when, he claims, a number of gardaí stopped him while he was driving a woman patient by ambulance to her home.
He claims one officer had, without any inquiry, said he was seizing the ambulance because it was not insured. He said the ambulance was formerly owned by Dublin Fire Brigade.
Mr Murray claims a group of 20 or 30 onlookers had gathered and gardaí had unjustifiably called for backup. He claims he had shown the gardaí a letter to say change of ownership from the fire brigade had not been effected and he had also given them the name and address of his insurers.
He said the seizure went ahead and, despite his efforts to get it back, the ambulance remains at Dún Laoghaire Garda station.
In subsequent court proceedings related to charges of driving while uninsured, Mr Murray was convicted in the District Court but the conviction was overturned on appeal to the Circuit Court. An insurance company witness told the appeal Mr Murray was covered under his mother’s insurance policy for a few hours on the day he was stopped.
In his High Court claim, he is seeking damages for malicious prosecution and use of disproportionate force by gardaí.
He further claims unlawful failure by the Garda to take action against a man who allegedly threatened Mr Murray and who allegedly spread false rumours about his business. He claims, as a result of these activities, his wife’s health broke down, his marriage broke up and he was forced to move to avoid further acts of intimidation.
The State denies the claims and said gardaí stopped the ambulance on foot of information the vehicle had no insurance.