Five to stand trial accused of anti-competition offences over school bus contracts

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Five To Stand Trial Accused Of Anti-Competition Offences Over School Bus Contracts
The accused are alleged to have entered into an agreement that prevented, restricted or distorted competition in school bus services. Photo: iStock
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Alison O'Riordan

Five individuals accused of anti-competition offences related to school bus services in the State will go on trial at the Central Criminal Court in 2025.

Last July, the court heard that the trial of the 13 defendants, who encompass 10 individuals and three companies, had posed practical difficulties and would go ahead as two separate trials on different dates.

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An application was previously made to the court by the prosecution to try the 13 accused in two batches or two groups, which was accepted.

Counsel for the Director of Public Prosecutions (DPP), Dominic McGinn SC, on Friday asked Mr Justice Paul McDermott for a trial date for the first five accused on the indictment, which he said would take five weeks.

Mr Justice McDermott told all parties that the case would be managed by his colleague Mr Justice David Keane and fixed a date of January 27th, 2025 for trial. The case was listed for case management on March 1st, 2024.

The judge said the balance of the accused on the indictment would "travel for management" by Mr Justice Keane and that the court was not yet assigning a trial date for this group.

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Two separate indictments were previously disclosed to the defence with the first indictment outlining the offences against five of the named accused. The second indictment disclosed the charges against "the balance of the accused".

The 13 accused are alleged to have entered into an agreement that prevented, restricted or distorted competition in trade in the provision of school bus services in the State.

The alleged offences are contrary to sections 4 (1), 6 (1), 8 (1) and 8 (6) of the Competition Act 2002.

The 13 cases were taken forward by the Director of Public Prosecutions at the behest of the office of the Competition and Consumer Protection Commission. It was previously estimated that the 13 cases, if tried together, would take three months.

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The charges come following a 2016 investigation and search operation at businesses and private residences into the alleged activities of private bus operators who had bid for and been awarded school bus routes administered by Bus Éireann.

Noel Browne of Templenahurney, Bansha, Co Tipperary; Larry Hickey (71) of Gortnaclogh, Ardmayle, Cashel, Co Tipperary; John Glasheen Limited, Holycross, Thurles, Co, Tipperary; Frances Collison, Emill, Cloughjordan, Co Offaly; Andrew Walsh, Derrymore, Roscrea, Co Tipperary; Margaret Callanan, Dovea Upper, Bouladuff, Thurles, Co Tipperary; Callanan Coaches Limited, Dovea, Bouladuff, Thurles, Co Tipperary; and Edward Callanan, Dovea Upper, Bouladuff, Thurles, Co Tipperary, are all accused of under section 3 (1) of the Competition Act 2002, as amended.

They are accused of entering into or implementing an agreement that prevented, restricted or distorted competition in trade in the provision of school bus services in the State between January 2014 and December 2016.

Meanwhile, Raymond Heney (52), Annray House, Camas, Cashel, Co Tipperary; Anthony Flynn (49), Farnamanagh, Golden Road, Cashel, Co Tipperary; Elaine Glasheen, Holycross, Thurles, Co Tipperary; Malachy Collison Emill, Cloughjordan, Co Offaly; and Collison Coach Co Ltd, Emill, Cloughjordan, Co Offaly, are all accused of an undertaking within the meaning of section 3 (1) of the Competition Act 2002, as amended.

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