Female passengers complained of sexual misconduct by taxi man

A taxi driver, whose licence was revoked by Gardai before Christmas after two female passengers made complaints of sexual misconduct against him, has been unsuccessful in his appeal to have the licence restored.

Judge Mary Fahy imposed restrictions, preventing publication of the name of the married father of two, after hearing he will face trial at a later date in relation to the alleged sexual assault of one complainant.

A separate prosecution was withdrawn after the second woman withdrew her complaint.

The man appeared before Galway District Court last week where he lodged an appeal against the decision of the licensing authority to revoke his Public Service Vehicle (PSV) licence, under Section 13(3) of the Taxi Regulations Act 2013.

PSV inspector, Detective Sergeant Tony McHugh, gave evidence the man had been granted a PSV licence to operate a taxi in Galway City in July 2010.

On December 17, 2015, he was involved in an incident late at night after he brought a young, intoxicated woman to her home in his taxi. She could not find her keys and had to climb in a window.

She made a complaint to Gardai, which she later withdrew, that while she was attempting to climb in the window, the taxi driver had touched her intimately.

He was interviewed and made admissions of touching the woman intimately on more than one occasion as she was attempting to climb in a window at her home.

“He said it was an accident and he didn’t mean to do it,” Sgt McHugh said.

Chief Superintendent Tom Curley met the taxi driver on December 17, 2015, and explained to him that while there would be no prosecution because the woman had withdrawn her complaint, it was his job to drive a taxi and not help people go in the window of a house.

The driver was given a ‘notice of advice’ not to get involved in this type of behaviour again.

Sgt McHugh said another woman made a complaint to Gardai about the same driver on December 30, 2017.

She too had been intoxicated in the man’s taxi that night and had fallen asleep. The man made admissions to Gardai when interviewed in May 2018, that he had touched the woman’s breasts and had put his hands inside her underwear while she was asleep in his taxi.

Chief Supt Curley revoked the man’s PSV licence on November 12 last year following the second complaint.

The man appealed that decision last week.

His solicitor, John Martin, said the appellant was a married father of two and was the sole breadwinner. He said his client was abiding by a curfew imposed on him by the court in December which prevented him from operating a taxi at night.

He said the man was awaiting the service of a Book of Evidence in relation to allegation made by one complainant and that his trial might not take place in the Circuit Court for a year or more.

He suggested his client be allowed operate his taxi during daylight hours as he had a mortgage to pay.

Judge Mary Fahy said that under the Act, the safety and welfare of members of the public was paramount when it came to taxi drivers.

“Whether a person is vulnerable or not, when a person is paying a fare in a PSV vehicle, they are entitled to have their dignity and integrity respected and protected,” Judge Fahy said.

She observed it was more serious when someone was vulnerable, particularly an intoxicated female on her own.

“I have not heard anything that would be appropriate for me to allow this appeal,” Judge Fahy said.

“When someone gets a taxi licence, along with that right to earn a livelihood, there is also the rights of the public to be treated with respect and dignity. There is a question mark about his suitability as a taxi driver and, therefore, I cannot allow the appeal,” Judge Fahy said.

She added she had recently read that unemployment in Ireland was at an all-time low, and she hoped the man could get work in some other sphere.