A man previously convicted and later acquitted of sexually assaulting his 19-year-old daughter is contesting the refusal of his taxi licence by a Garda. He asserts that despite his acquittal, the decision on his license for a small public service vehicle (SPSV) was swayed by the lingering belief in his guilt. The man argues that the Garda officer processing his application commented that his innocence was not entirely indisputable.
The man highlights the difference between the standard of “beyond reasonable doubt” required for a criminal conviction and the “balance of probabilities” approach the officer allegedly used in assessing his application. The man was originally convicted of sexual assault in 2017, but this conviction was nullified by the Court of Appeal. In a retrial in 2021, he was exonerated by a unanimous jury. He maintains his innocence and has no other criminal record.
He states that last September, the chief superintendent stated his intention to reject the SPSV license application. The superintendent found the applicant unsuitable due to the troubling nature of the previous accusation. According to the Taxi Regulation Act of 2013, the Garda, as the licensing body, must deem an applicant competent to hold a licence, taking into account their character, any concerns raised by Garda members about the applicant’s suitability, previously held convictions, and health.
The man, who remains unnamed, argues that the initial allegations rather than the eventual court proceedings were taken as the sole reason for turning down his SPSV licence. He believes that his acquittal was not adequately considered by the chief superintendent.
By contesting the decision, the man hopes the High Court will rule the superintendent’s decision as irrational and irrelevant to his application. Furthermore, he argues that the process for reaching the rejection violated his rights to justice and fair procedures.
This week, a case against the chief superintendent and the Garda Commissioner was sanctioned by Ms Justice Niamh Hyland. She became convinced that the man’s legal arguments, presented by Eoghan Cole SC, were sufficiently compelling to allow him to proceed with his claim. During the court proceedings when consent was given, only the man was present. Consequently, the case was postponed to mid-April.
– Check out our Inside Politics Podcast for fresh commentary and review
– Register to receive push alerts and get the highest quality news, analysis, and commentary delivered straight to your mobile device
– Access The Irish Times on WhatsApp to keep yourself current.