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!
Ben Gilroy’s halting of a Sheriff using only the Constitution of Ireland has become a viral video over night. With reported viewings as far a field as Irishtown in New York, USA.
In this video the Sheriff is greeted at the gate of this dwelling by a crowd of people with the best interests of the family in mind. Ben immediately asked the Gardai were they there under their oath. This was to immediately remove any doubt that they Gardai were there on that day performing for a private entity, and not performing the job the Irish taxpayer pays them for, protecting the peace. It is readily apparent in the video that the Gardai in question does not understand the question, having made his oath under the constitution of Ireland, upon taking on the role. More after the video.
Sheriff Halted By Constitution
Another important point about this video, that may not be readily apparent, is that the man Ben is talking to, seems to be perfectly aware of the unlawfulness of his role. He immediately attempts to claim that he is in fact the Sheriff. This seems to be done in an attempt to hide the fraudulent nature of the transaction as described by Ben, where in the county registrar is also the Sheriff. In effect, this allows the man in question to order the eviction of a family from their home, and then directly profit from that eviction. This, as Ben happily points out to the so-called Sheriff, is totally unlawful as it breaks laws regarding separation of power.
On a more light-hearted note. Note how when Ben is questioning the so-called Sheriff on his role, and continually mentions the Constitution, the so-called Sheriff exclaims “I’m nothing to do with the Constitution”. The Gardai immediately look as though they would rather be anywhere else in the world but at that gate. As Ben says himself, the man arrived a bit late to execute the order, as his jurisdictional ended in 1922. His GPS must have led him to the wrong Island!