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.