A TAXI driver has brought a High Court challenge to the revocation of his licence after gardaí found he was not a fit and proper person to drive a cab.
Victor Reid, Cashel Avenue, Crumlin, Dublin, claims he was not afforded fair procedures when he was called last month to the Carriage Office in Dublin to allegedly discuss his fitness to hold a licence. This followed an incident last year when he was stopped by gardaí for using his mobile phone while driving, he said.
Luán O Braonáin SC, for Mr Reid, said after gardaí stopped his client for using a mobile phone, his client’s car was searched and a bag containing what appeared to be a controlled drug was found in the boot. Mr Reid gave an explanation about that and said he had no control of the bag or knowledge about its contents.
When that explanation was given to Supt Declan Brogan during the meeting in the Carriage Office, the officer was alleged to have said: “I don’t believe you, do you think I came up on the last train?” counsel said.
Counsel said Mr Reid’s father was with him during the interview and, when his client was asked to leave the room, the superintendent said he believed Mr Reid was “on drugs”.
The father denied this and said his son played football three times a week, counsel said. The father also offered to have his son tested for drugs by his doctor and tests were carried out which showed his client was clear of all drugs, counsel added. Supt Brogan had also said the appearance of Mr Reid in his taxi driver licence photograph was different from how he appeared in person, counsel said.
It is claimed the failure of the Garda to give prior notice to Mr Reid of what they intended to speak to him about prior to the Carriage Office interview was a breach of natural and constitutional justice and of his right to have a legal adviser present.
It is also claimed there was a breach of fair procedures in asking Mr Reid to leave the room and that Supt Brogan’s conduct during the hearing demonstrated a bias against Mr Reid. The decision to revoke his licence was unreasonable, it was also claimed.
Mr Justice Michael Peart said his order granting leave to challenge the licence revocation would act as a stay on that revocation until next month when the matter would be back before the court.