Music student bought hacksaw and cut clamp off car because he only had 'half of €80 fee'
A music student who came to Dublin for a photography course sawed a clamp off his car because he was anxious to get home and did not want to be stuck in the city for the night.
Gabriel McCallion (25), described in court as an "artistic individual", only had half the €80 it would have cost to unclamp his car, so he spent €20 on a hacksaw to cut it off, a court heard. Judge Anthony Halpin applied the Probation Act, leaving him without a conviction after he paid €200 compensation for the damage.
When the judge heard the car had since been re-clamped, he said he did not believe this was legal and advised the accused to make a criminal complaint against Dublin City Council.
Mr McCallion, from Ballynease Road, Bellaghy, Co Derry, pleaded guilty to causing criminal damage to the clamp, belonging to Dublin City Council at Jones's Road, Drumcondra.
A Garda sergeant told Dublin District Court that officers on patrol at 5.15pm on Tuesday saw the accused cutting a clamp from a vehicle. On speaking to him, Mr McCallion admitted cutting the clamp from the wheel of his car. He gave his name and was arrested and taken to Mountjoy Garda station.
He had no previous convictions.
Defence solicitor Tony Collier said he understood the cost of the damage was about €380. He did not know whether Mr McCallion "destroyed the entire clamp or a piece of it".
The accused had not been bailed from the Garda station because he had no identification on him and lived outside the jurisdiction.
Mr McCallion had attended a photography course in Croke Park, Mr Collier said.
The clamp would have cost €80 to have removed by the clampers, but he only had €40 on him, "€20 of which he spent in a hardware shop on a hacksaw".
"He was anxious to get home and not be stuck in Dublin," Mr Collier said.
Judge Halpin said he did not think Dublin City Council could re-clamp a car. There was "no legislation" to allow this, he said.
The accused's brother and sister were in court for the hearing and he was released after the €200 was paid over.
Independent.ie Comments Facility
INM has taken the decision to remove the commenting facility on its online platform Independent.ie to minimise the legal risk to our business that arises from Ireland's draconian libel awards system.
We continue to look forward to receiving comments through direct email contact or via social media, some of which may still be featured on the website Independent.ie