A mother in Co Donegal has told how she was told she could not sue a garda who took her son for a walk in the countryside because he didn’t understand how to drive.
Ms Molloy claimed the garda took her five-year-old son in the car after a complaint by the mother about the boy driving his mother’s car.
The child was taken to a local primary school and he had to be assessed by a psychologist.
The court heard the court had to decide whether the boy was mentally ill or not.
The trial continues.
The garda was on paid leave pending a hearing at the Central Criminal Court.
Ms Dolan said she had complained to the Garda Síochána about the behaviour of her son’s garda, who had been in the country illegally for some time.
She said she was angry at the gardai and felt that the gardas behaviour was “totally unacceptable”.
The court was told Ms Dahan had been told by gardaí that she had to wait for the court to decide if the boy had been mentally ill.
The mother said she would have been happy to sue the gardan but she would not have done so without the mother’s knowledge.
She also said she feared for her safety and her son had been taken in the care of the local family and not in her care.
The defendant had not been charged and the case was referred to the Central Probation Service.
Mr McEvoy told the court that the prosecution was “foolish” and said the mother was a “silly” woman who should have known better.
He said that he had no sympathy for the woman and that it would have taken months for the matter to come to trial.
He also said the gardáí had been “overzealous” in the past.
“They had taken him for a ride with the mother.
They had driven him to the primary school, where he had been assessed.
It was a case of going to the courts and saying, ‘You cannot sue me’,” he said.
“That’s the stupidity of it.
The law does not permit this sort of thing to be brought against a parent. “
She had the right to sue, but she was not informed.
The law does not permit this sort of thing to be brought against a parent.
That’s why we don’t have a court in this country.”
A case is ongoing in the Central Circuit.