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Freedom Bus Update: Man being held in claremorris police stn. Pepper sprayed and assaulted last night. Big hue and cry across the movement!
Seemingly being held under legislation relating to 'Public Service' vehicles-which its not. Police giving little information.
Man still Kidnapped .... in Claremorris Garda Station - 094 937 2080
The Man that the “Gardaí” have abducted and are unlawfully still holding in Claremorris Garda station, has been a prisoner now for in excess if 12 hours. They blatantly denied him access to lawful consultation or legal advise, over 10 times. Early in the proceedings, the arresting Garda Peter Sarsfield refused to identify himself as the arresting Garda and would not answer any questions. (Peter Sarsfield MY188). The booking in Garda, Garda Ann Hoban – MY177, miscounted the money that was in the mans wallet, by quite a substantial amount, and when the man asked for a recount, she initially refused … in other words she tried to rob the man. They have unlawfully impriosened the man and harassed & cajoled him solidly for 12 hours+. They have even used the recent passing of his father in the mix of their interrogations. The Man they have kidnapped has not given a name, and not signed any charge sheet. They are attempting to charge the man with “refusing to give & address” when requested. … Contrary to Section 82 road traffic act 1961 as amended By section 7 of Dublin transport authority (Dissulotion). Act, 187 & Section 102 road traffic act 1961 as amended By section 18 of the road traffic act 2006. Nobody knows or understands what this means … They are now threatening to bring him to Harristown District Court in Castlerea, Co. Roscommon for a sitting for 11am this morning. This is what he & we have been told. Please keep calling the Claremorris Garda station and please do attend the Court. Mayo and specifically the Claremorris Garda have a woeful human rights record. They have already trespassed on private property, have assaulted, kidnapped and unlawfully imprisoned this man. This is what happens to you when you attempt to educate The people of Ireland, the Garda make an attempt on your Life and steal the Freedom Bus. Yes they have stolen YOUR FREEDOM BUS!!! The Claremorris Garda Station number is : 094 937 2080 They will take your calls right now …
S82 – refers to PUBLIC SERVICE vehicles e.g. Bus’s and Taxis etc. That section covers matters re: licences, specified FEES, conduct of drivers and passengers, and the conditions of the vehicle – but it is for specified type of vehicles – i.e. those in ‘public service’ – to my knowledge the bus is PRIVATE and therefore cannot be a ‘public service vehicle’, however – under (8) the burden of proof is on the accused to show he did not receive ‘reward’ for his services.
“s.82 (8) Where a mechanically propelled vehicle is used for the carriage of eight or more persons who are not in the employment of the owner of the vehicle, they shall, until the contrary is shown, be deemed to be carried in the vehicle for reward”
s.7 of the Dublin Transport Auth relates to ‘Laying of orders before the oireachtas’ and I cannot see how this relates to or what has been amended by it, any more information on that?
s.102 (as amended by s.18 of the 2006 Act) refers to the penalties i.e. what is to be paid in a fine in the event of an ‘offence’.
Now…backtrack a little – they can only ‘fine’ where there has been a valid ‘offence’ as mandated by legislation. Therefore, we need to find out what part of s82 he is being held under, is it a licence issue? Is it regarding vehicles employed in ‘public services’? If it is relating to (8) and if it possible to show that he was acting in a ‘private capacity’ i.e. not a ‘public service vehicle’ under that ACT this may be enough to negate and quash the charge in a legal sense?
about an hour ago]