A break down of the article that was published in the Law society gazette April 2012.
This week Ben outlines what happened following the viral events of Constitution Halts Sheriff. Ben was informed later on in the week that the Sheriff had returned at an undisclosed time, again with several members of An Garda Siochana in tow. They proceeded to kick down the door, ejected the family from their home, and took possession of the house. While one can see why the so-called Sheriff found this option a lot more manageable than proving why his role is not totally unlawful under the Constitution of Ireland, it does highlight further acts of gross misconduct on the part of both this man, and the Gardai that were with him at the time.
Given that this was an entirely Civil matter, An Garda Siochana had no business what so ever in being there, let alone kicking in the door. As we know, a citizen’s house is totally inviolable save as to law. As this man has broken no law, An Garda Siochana had no right to enter his property without his express permission.
As Ben mentions in this video, there is currently a constitutional challenge against these measures in courts. This is due to the fact that the registrar who writes orders to repossess homes in the circuit courts of Ireland, are almost always in fact the Sheriff who will execute this order. This is totally unlawful, as it allows the registrar to directly profit from the orders he or she writes. This is in a nutshell a lack of separation of powers.
Let me close this article by re-mentioning the feature-length documentary, spoke about at the close of the movie. Please assist in any way you can in getting this information to the people. A donate button can be found on the right hand side of every page of this websites, and every donation, no matter how big or how small gets us one step closer.
Vin from TNS Radio interviews Ben Gilroy about the viral video Constitution Halts Sheriff. Over the course of the interview Ben gives some background about the events leading up to the infamous showdown with the Sheriff of Laois (or so he claimed, in actuality it was a deputy Sheriff).
When Ben mentions the first in a long list of incidents in which a judge made a comment that seemed to fly in the face of the law, Vin of course in his usual fashion dispenses a number of interesting insights on the topics raised. He points out one of the major differences between a Democracy and a Republic. In a Democracy, 51% of the electorate are required to pass a law. In a Republic, 67% of the electorate are required to pass a law.
Gardai Assisting The Sheriff?
They also go on to discuss the Garda Oath that all new Gardai must make. This Oath of course is to uphold Common Law, not to assist in the forced removal of people from their homes. The Gardai in the video mention “We are only here to assist the Sheriff”. The Office of the Sheriff is a purely private position. The transaction that takes place between a debtor and their local sheriff is a Civil function, and therefore the Gardai cannot under their own oath, intervene.
Despite the Sheriff informing the man who owned the home in question, that he was going to come at an unspecified time to repossess the house, because of the support he has received he will not be handing back the keys. He will continue to fight against the bank who refuse to renegotiate his loan, who securitized his loan, and who attained a judgement against him in a court that doesn’t even have the jurisdiction to hand down a judgement on a value as large as that of his house!
Source: TNS Radio.