A man whose conviction for sexually assaulting his 19-year-old daughter was overturned is challenging a Garda decision to refuse him a taxi licence.
In High Court proceedings, he says he was proven innocent of the alleged wrongdoing but a chief superintendent later dealing with his small public service vehicle (SPSV) licence application told him “that’s not quite the case”.
He alleges the garda said in an interview that he has to operate “on the balance of probabilities” with regards to the allegations. To convict at a criminal trial, a jury or judge must be satisfied “beyond reasonable doubt”.
The man says he was convicted of one count of sexual assault following a trial in 2017 but this was overturned by the Court of Appeal. He was acquitted by a unanimous jury verdict after a second trial in 2021. He denies all wrongdoing and says he has no other convictions.
Last September, the man says, the chief superintendent wrote to say he intended to refuse to grant a licence as he was not satisfied he is a “suitable person” to hold one due to “concerns raised by the allegation of a criminal act”.
Under the Taxi Regulation Act 2013, An Garda Síochána, as the current licensing authority, “shall not” grant an SPSV licence unless it is satisfied the applicant is a suitable person to hold one. Among the considerations listed in the relevant section of the 2013 Act, is whether the applicant is “of good character”, concerns raised by Garda members about the applicant’s suitability, relevant convictions and health,
The man, who cannot be named, alleges “it appears that the simple fact of these allegations having been made has been divorced from the outcome of the criminal proceedings” and was used as the “sole basis” to deny him an SPSV licence.
He says it “appears clear” the chief superintendent did not regard the outcome of the criminal proceedings as having vindicated his presumption of innocence.
He is asking the High Court to quash a chief superintendent’s decision on grounds that it is unreasonable, irrational and based on irrelevant matters. The way the refusal was reached breached his natural and constitutional rights to justice and fair procedures, he claims.
This week Ms Justice Niamh Hyland allowed the case to be brought against the chief superintendent and the Garda Commissioner. She was persuaded the man, represented by Eoghan Cole SC and David K McGrath BL, had met the “arguable” legal grounds threshold for pursuing the claim.
Only the man was represented in court when she granted leave and adjourned the case to mid-April.
