AN UNEMPLOYED hotel kitchen porter had his e-scooter destroyed after he could not afford the €1,200 release bill following its seizure by a Garda, a court has heard.
At Ennis District Court, solicitor for Polish national, Michael Blwlus (24), Billy Loughnane stated that the outcome for his client in the case “has already been disastrous”.
Mr Loughnane made the comment after Mr Blwlus became the first person to plead guilty to a road traffic offence concerning the use of an e-scooter before Clare’s courts.
The solicitor stated the man, who had lost his job as a hotel kitchen porter due to Covid-19 was going around on his e-scooter, handing out CVs to businesses in Ennis on March 24 last year during the first lockdown when stopped by Garda Ken Butler.
Mr Blwlus of Collins Park, Kilrush Road, Ennis pleaded guilty to having no insurance for the e-scooter on that date.
Garda Butler seized the e-scooter from Mr Blwlus and when the Polish native could not afford the €1,200 bill to have it released from the Garda pound, it was subsequently destroyed.
Mr Loughnane stated that his client had no idea that there was a daily rate for items that were impounded adding that the man had paid for the e-scooter from his hard-earned savings.
Sgt Louis Moloney told the court that around 3pm on March 24, Garda Butler stopped Mr Blwlus after seeing him operate his e-scooter on the footpath on Ennis’s Kilrush Rd.
Garda Butler told Mr Blwlus that he required the e-scooter to be insured and taxed.
Garda Butler cautioned Mr Mr Blwlus and told the man to carry his scooter home.
Mr Loughnane told the court that Mr Blwlus’s English is limited and he didn’t understand the instruction and continued to drive his e-scooter home.
Further down the road, Garda Butler spotted Mr Blwlus on the e-scooter, stopped him and seized the conveyance.
Mr Loughnane told the court that he didn’t believe that Garda Butler’s hands were tied in how he dealt with the matter.
He added that Mr Blwlus was 500 metres from his house when first stopped by Garda Butler “and the reality is that Garda Butler had a certain discretion and he used his discretion to follow him home and stop Mr Blwlus 20 yards from his house to do him in”.
Mr Loughnane stated that Garda Butler “was entitled to do it but I don’t feel that he was compelled. He had a discretion”.
Garda Butler wasn’t in court as he wasn’t required to give evidence in the case due to Mr Blwlus’s guilty plea.
Mr Loughnane stated that Mr Blwlus “is a good lad”.
“He has been in Ireland for six years. and has no previous convictions.”
Sgt Moloney confirmed that the e-scooter has been destroyed and concerning the March 24 incident said “there may have been some of Garda Butler’s direction lost in translation due to a language barrier”.
Mr Loughnane stated: “Mr Blwlus has suffered a financial loss when he cannot afford a financial loss. He is on social welfare.” He was also offering a plea at the very first opportunity.
Judge Sandra Murphy stated: “It is very unusual set of circumstances and the matter requires further consideration.”
Judge Murphy adjourned the case to March 19 for judgement.
– Gordon Deegan