A man who was cleared of sexually assaulting his 19-year-old daughter has won a High Court challenge to a refusal to grant him a licence to drive a taxi.
The man’s trial for alleged sexual assault heard that he and his daughter lived together, the parents having separated. They were out visiting a sister and a neighbour on Christmas Eve when they had drinks before returning home and going to bed.
She claimed she woke at about 3am to find her father in bed with her and she was being digitally penetrated after her pyjama pants and underwear had been lowered below her hips.
She said she fled from the house in her pyjamas and he came to the front door and apologised, saying he had been asleep.
The man strongly denied the claims but was convicted in 2017 of one count of sexual assault. That was overturned by the Court of Appeal and a retrial was ordered. Following the retrial, a jury acquitted him.
In granting him a retrial, the Court of Appeal noted that cases involving a single allegation without any background are rare.
The three-judge court said they “find ourselves feeling a degree of disquiet” about the manner in which the issue as to the admissibility of the woman’s diary was dealt at trial with and the treatment of corroboration in the trial judge’s charge.
It was claimed by the defence that the diary showed evidence of ill-will she had towards her father, which was relevant to her potential motive in making the complaint of sexual assault.
After he was acquitted following the second trial, the man applied for a public service vehicle licence allowing him to work as a taxi driver.
In 2023, his application was refused with a Garda Chief Superintendent saying he was not satisfied the man was a “suitable person” to hold a licence due to “concerns raised by the allegation of a criminal act”.
He then brought a High Court challenge arguing, among other things, the chief superintendent did not regard the outcome of the criminal proceedings as having vindicated his presumption of innocence.
In a judgment, Ms Justice Siobhán Phelan quashed the refusal and sent it back for further consideration by the gardaí.
The judge said the man was “entirely wrong in law” to maintain that the licensing authority was not entitled to have regard to the fact that a criminal complaint had been made against him resulting in a prosecution and ultimate acquittal. It was entitled to do so, she said.
However, as a matter of constitutional fair procedures, he was entitled to know the material available to the licensing authority in relation to its concerns so that he could produce any additional, relevant material which may assist him in establishing his suitability for a taxi licence.
It seemed to the judge that only when he has all the materials relied on in making the refusal decision, can he better understand why and how his case might be strengthened to enable him to effectively exercise his right of appeal.
