A LIMERICK city taxi driver who admitted punching a front seat passenger after what he claimed was extreme provocation, unsuccessfully appealed a decision of a Garda Superintendent revoking his taxi licence over the incident. Sean Padraig O’hAnnain, aged 42, was appealing a decision made by Chief Superintendent David Sheehan, to revoke the licence after it was felt he was no longer suitable to hold such a licence.
Judge Eamon O’Brien was told that the matter first came to light after an incident on Christmas Eve in 2010, when the taxi driver admitted striking one of four passengers who, he claimed, refused to leave the taxi outside Henry Street Garda Station.
Evidence was given that while O’hAnnain was not charged or convicted of any assault, he did appear before the courts on a public order matter on March 3, 2011, and when the case was called again in May, it was struck out after Mr O’hAnnain made a €250 contribution to the court poor box.
Allowing for “the matter to take its course before the courts”, Chief Superintendent Sheehan said that he interviewed the applicant on November 14 last for the purpose of investigating his suitability in obtaining his licence again.
During the meeting, he notified O’hAnnain that he should submit a written report supporting his claims, and the matter would be further reviewed.
Seven days later, a letter was furnished to the gardai and it was read out to the court where
O’hAnnain alleged that the provocation he was subjected to on the night, was something he never experienced before.
He claimed that he felt the legal system had let him down and had taken his only source of income.
He also stated that he regretted the incident and would have engaged in his normal course of action in dealing with such matters but for the circumstances of the night.
He said that when the first passenger got into the car, he was reluctant to take the fare and before he knew it, three others stormed the car.
Judge Eamon O’Brien heard that the appellant said he accepted he did wrong, and there would be no cause for the gardai to fear him having a PSV licence to carry passengers in his taxi.
However, Judge Eamon O’Brien said he was satisfied with the case presented by the State, and refused the appeal.
