The High Court has rejected a challenge by Corrib gas protester Niall Harnett to the Garda seizure of his van at the Shell refinery site at Bellanaboy, Co Mayo.
The dispute arose from events on 31 October 2006, when Gardaí were seeking to keep the entrance to the site clear for construction traffic. Harnett’s vehicle was at the entrance and he was forcibly removed from it before the van was taken to Belmullet Garda Station.
Harnett maintained that he had permission from the landowner to enter the private property. He disputed Garda accounts that his vehicle was blocking the entrance and claimed Gardaí damaged the driver’s window while removing him. He sought declarations that the seizure and continued detention were unlawful, an order returning the van and damages.
Gardaí gave a different account. They said the vehicle was blocking access to the site and appeared to be in poor mechanical condition. A Garda inspection the following day identified several faults, including wear in a steering component, a rear wheel bearing problem, weak front shock absorbers and rust around the rear windows. The inspector reported that the vehicle was otherwise serviceable but should not be driven until the steering defect was rectified.
Mr Justice Michael Peart held that the entrance area qualified as a "public place" under the Road Traffic Act 1961 because the statutory definition includes places to which the public has vehicular access by permission.
That finding meant Gardaí could use powers under section 20 of the Act to inspect a vehicle suspected of being dangerous and bring it to a suitable location for examination. The judge found the Garda officer was entitled to form concerns about the van’s roadworthiness and have it taken to Belmullet for a full inspection.
The court also rejected the damages claim concerning the window, finding insufficient evidence that Gardaí had broken it. Harnett remained free to have the van towed away.
The application was dismissed.