A taxi driver from Dublin, Lucas Bittencourt (39), was ordered to pay a fine of €1,600 to a woman who was a passenger in his taxi for inappropriate comments and questions he made towards her. The female passenger claims that Bittencourt, a resident of Upper Dominic Street in Dublin, asked her repeatedly if she was a singleton and lived by herself and also commented saying she looked “sexy”. The National Transport Authority prosecuted him for this offence to which he pleaded guilty.
The incident occurred during a trip within Dublin on May 14th in the previous year. The details were presented before Judge Anthony Halpin at Dublin District Court, the following Monday, by prosecuting solicitor Mr. Jason Teahan.
As narrated by the woman, she hailed the taxi in the city centre, intending to travel to Northwood, in Dublin 9. She was seated in the rear of the taxi where she conversed casually with Bittencourt, who revealed his Brazilian origin. However, their conversation took a personal turn, and Bittencourt asked if she lived by herself, prior to reaching her destination.
When they arrived at her home, he unpinned his seatbelt, turned around and rephrased his question regarding her living arrangements and relationship status. His repeated questioning left the woman feeling taken aback and slightly distressed.
Following this examination, Bittencourt, who has no prior criminal record, said he did not clearly see her and switched on the taxi light to say to her, “You look great; you look sexy”. This action further heightened her discomfort and led her to request to pay the taxi fare, there was a brief delay in the transaction but eventually, it was completed and she exited the taxi.
Subsequently, she lodged a complaint with Anthony Carey, an officer at the National Transport Authority. Upon enquiry, Bittencourt generally denied the accusations but rendered an apology for any offence caused, stating he couldn’t recall the exact events of the journey.
Fortunately, she was able to identify Bittencourt as the driver given she had paid via the Revolut app, which had a photograph of him. She was present in the court, although her testimony was not required as Bittencourt pleaded guilty.
In his client’s defence, Patrick Jackson, the counsel, stated that his client migrated to Ireland in 2005, has been a taxi driver for the past fifteen years maintaining a clear record, and he typically remits his earning home. He also conveyed a full apology on his client’s behalf for the inappropriate language used during the incident.
The defendant was instructed to revert his action due to a payment issue involving Revolut, as stated by Mr. Jackson. The lawyer contended that the guilty plea served a critical role as it prevented the surfacing of multiple technical issues. Jackson further insisted that his client’s unacceptable conduct was totally out of character. He appealed to the court to take into account the Probation of Offenders Act, which could prevent his client from receiving a criminal record.
Although the offence does not lead to imprisonment, the culprit faces a fine of €2500. Judge Halpin deemed it a significant case, asserting how the rights of the injured party, particularly her right to unhindered movement without being grilled about her highly sensitive and personal matters, were violated.
The incident’s occurrence at the journey’s end was pointed out by Judge Halpin as a factor to mitigate the offence. However, he emphasized the legal responsibility of the driver to ensure a comfortable and safe environment for his customers.
For the judge to reflect on the Probation of Offenders Act, he asked for a €400 contribution to the NTA’s cost and €1600 for the victim as compensation for the harm she suffered, declaring the court’s seriousness in this regard.
The defence team affirmed that the driver agreed to make payment, but needed more time. Judge Halpin mentioned that if Bittencourt was found guilty in a contested trial, the consequences could have been more drastic, possibly resulting in the loss of his taxi-driving rights.
The session was postponed until December. The NTA retracted another charge lodged against Bittencourt, who they accused of behaving disrespectfully to the woman on the same day. These allegations are in breach of the Taxi Regulation Act and remain against him.
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