Man questions Garda's right to prosecute him
A BALLYMURN resident charged with speeding challenged the State to provide a number of 'substantial proofs' last week, not least that he is a person, as defined by the laws of the land, and not 'a fictional entity'.
He also informed the State that he was 'unlawfully photographed' by the Garda who detected him speeding, but that if they gave him €300 for his time and the stress caused to him by the charge he would put it down to a 'misunderstanding'.
Kenny Sludds, of Lacken, Ballymurn, also warned that if the Gardaí proceeded with the matter he would be charging them rates of € 100, €1,000 or €2,000 per hour, depending on the level to which they imposed on him.
Mr Sludds was charged with speeding at Bettyville, Wexford, on February 16, 2010.
However, he did not appear in court last Tuesday and the reasons for this became clear when the court clerk handed two letters to Judge Donnchadh O Buachalla. Both were penned by Mr Sludds, one to Chief Clerk Deirdre McCarthy and the other to Pat Costello, Higher Executive Officer of the Fixed Charge Processing Office, which is based in Thurles, Co Tipperary.
In the letter to Ms McCarthy, in response to the summons he received, Mr Sludds informed the court clerk that all correspondence intended for him should be addressed to ' the man; kenny of the family sludds, Lacken, Ballymurn'. He said any further letters addressed to ' KENNY SLUDDS' would be returned opened and unread.
Mr Sludds set out three main points in the letter to Ms McCarthy: 'I am not a person; I am a flesh and blood man, with a God given soul'; 'I do not owe debt to your company', and ' I will not be attending court as there is no contract binding me to do so'.
His letter to Mr Costello set out his case in greater detail, stating firstly that 'Mr Kenny Sludds is a legal entity/fictional entity, whereas I, Kenny of the family Sludds, am a flesh and blood human being with a God given soul'.
Mr Sludds sought from Mr Costello ' undeniable, irrefutable proof of claim' that he is, ' legally speaking', a person and not ' a sovereign of the Republic of Ireland, located in the Kingdom of God'.
He also sought proof that ' the roads and highways and byways of the Republic of Ireland do not belong to the sovereign people of the Republic of Ireland' and that they do belong 'exclusively to City Councils, Corporations, Garda Telecoms or the Minister for Transport or any Ministers or politician'.
Mr Sludds also sought a copy of the bi-lateral agreement which binds him into any agreement with the aforementioned authorities or figures in respect of his use of said roads. ' A unilateral agreement is not acceptable,' he stated.
However, he did propose an end to the matter to Mr Costello. ' The purpose of this notice is to offer remedy. If I am reimbursed to the sum of € 300, for my time and stress caused by this dispute, we can simply put it down to a misunderstanding ,' he said.
Mr Sludds maintained he had been ' unlawfully photographed whilst I was privately travelling in my conveyance of the day and action will be taken against the Garda outside of his role as a member of An Garda Siochana'.
The defendant also warned he would charge €100 per hour for further correspondence or questioning by Gardaí, jumping to €1,000 per hour if he is handcuffed, imprisoned or subject to any judicial process ' without my express written and notorised consent'. The charge would be €2,000 per hour if his privately owned automobile, registered or unregistered, is detained by Gardaí.
'He seems to require quite substantial proofs,' noted Judge O Buachalla, on examining the letters. However, Inspector Pat McDonald felt the case was in fact 'fairly straightforward'.
The Inspector's only interest was that Mr Sludds was detected travelling at a speed of 85km/ h in a 60km/h zone.
Judge O Buachalla convicted him of speeding and fined him €300. Mr Sludds was given two months to pay the fine, with five days imprisonment in default.