Solicitor claims NTA inciting taxi operators to commit crimes

The National Transport Authority has been accused of trying to incite people to engage in an illegal activity in a bid to crack down on illegal taxi operators in rural areas.
The accusation was made by Westport-based solicitor James Ward, who was representing two taxi drivers who appeared before last week’s sitting of Belmullet District Court accused of operating taxi services in breach of the Small Public Service Vehicle (SPSV) regulations.
National Transport Authority (NTA) compliance officers told the court that they had received numerous complaints about illegal taxis in the Westport, Mulranny, Achill and Bangor Erris region, with legitimate operators complaining that illegal operations were affecting their businesses.
In order to detect the illegal operators, ‘sting’ operations were put in place by the NTA, whereby compliance officers would book a journey with them and pay a fare.
Ita Granaghan of Glencullen Upper, Bangor Erris, and John Gallagher of Ballinock, Keel, Achill, were both detected by officers using this method. James Ward solicitor for the two claimed that because the officers knew they were asking the drivers to commit an illegal act, they were inciting the commission of that act.
The compliance officers, Eugene McHale and Martin Murphy, both denied inciting Granaghan and Gallagher to commit a criminal act.

Two ‘stings’
In the case of Ms Granaghan, Mr McHale said he rang her mobile number and asked her to bring him from Bangor Erris to the Broadhaven Bay Hotel on January 1, 2018. She picked him up in a Ford Fusion car and when she brought him to the hotel, she said the fare was €20.
Mr McHale said that while Ms Granaghan had a SPSV licence, it was for another vehicle that had been crashed beyond repair. He said the car she was using would not have qualified for a licence.
In relation to Mr Gallagher, Mr McHale said the defendant held a local-area hackney licence, which restricted him to picking up customers on Achill Island.
On January 5, 2017, Mr McHale rang Mr Gallagher’s number and asked him to bring him from Bangor Erris to Mulranny, which he did. Mr McHale gave Mr Gallagher a fare of €40 and was given a receipt.
On January 15, 2017, he said he rang Mr Gallagher and asked him to pick him up in Nevin’s Bar and Restaurant in Tiernaur and bring him to Bangor Erris. He did, and the fare was €45, and he again received a receipt.

Dismissed
Judge Alan Mitchell dismissed the cases against both Ms Granaghan and Mr Gallagher, saying they had not been proven beyond reasonable doubt. In relation to Ms Granaghan, he said that while a fare of €20 was mentioned at the end of the journey, the money did not actually pass hands and she did not gain a reward to be in breach of the regulations.
In Mr Gallagher’s case he said the NTA had failed to prove that he had a local-area hackney licence that restricted him to Achill. As this was a criminal case, he said the State had to prove their cases beyond reasonable doubt.

Third case
In a third case that came before Judge Mitchell in Belmullet, SeΡn McKenzie of Attywalla, Bangor Erris, pleaded guilty to a breach of the regulations when he brought Mr McHale from Crossmolina to Bangor Erris. The court heard he had a local-area hackney licence that restricted him to picking up passengers in Geesala.
Mr McHale said Mr McKenzie was very co-operative and that he has since obtained a licence that covers the whole of Co Mayo.
Judge Mitchell said he was prepared to strike out the charge if Mr McKenzie paid €300 in costs to the NTA, adding that a licensed taxi service was very important in rural areas, especially for elderly people.