A COURT has held that two men who demanded money with menaces from a second hand car dealer were an unlawful organisation.
Judge James Carroll said the men who burned four cars after their financial demands had not been met, had acted as an "organisation" within the provisions of the Offences Against the State Act and the Criminal Injuries Act.
Mr Brian Healy, a car salesman of Lower Rathmines Road, Dublin, told his counsel, Ms Aedamar Kirrane, that the men had demanded that he pay them £10,000. Later, on two separate occasions, they burned out a Jaguar, a BMW, a Nissan Micra and an Opel Vectra. He had sued Dublin Corporation for £5,750 damages under the malicious injuries Act.
Mr John O'Shee, a solicitor for Dublin Corporation, said the Act referred only to "an unlawful organisation" and he submitted the definition of organisation to mean many people. Only two men had been charged with this offence.
Judge Carroll said both men had clearly organised (a) to damage property and (b) to demand money with menaces. He said that to come to any other conclusion "would mean the State would neither protect nor compensate its citizens".
Judge Carroll awarded Mr Healy £5,750 damages. He granted the corporation a stay in the event of appeal.