Garda acquitted of assault and theft over taxi fare dispute

A garda who ended up on trial after he resolved a dispute between a taxi man and a passenger over a €6.25 fare has been cleared of any wrongdoing.

Exonerated Garda Pádraig Dennehy – who is attached to Mountjoy station in Dublin’s inner city – was accused of assault and theft arising from an incident in Dublin city centre just after 4am on March 3rd, 2013, charges he strenuously denied.

Garda Dennehy was acquitted by Judge Marian O'Leary at Dublin District Court following submissions from defence barrister Michael Bowman SC that there was no evidence he acted dishonestly when he took money from complainant Rimas Bastys and handed it over to taxi man Nadeem Mirza, who was owed a fare.

Garda Dennehy had been helping divert traffic from the scene of a car crash when he was approached by Mr Bastys.

Judge O’Leary dismissed the case saying she was satisfied the garda was not guilty on all charges.

The garda had been prosecuted by the DPP following an investigation by the Garda Síochána Ombudsman Commission.

Mr Bastys, a Lithuanian national who has an address in Blanchardstown, said he had five beers while out with a friend in Dublin city centre but he did not think he was drunk.

He got into Mr Mirza’s taxi outside the Savoy cinema on O’Connell Street and asked to be brought to Blanchardstown. He claimed the driver went the wrong way and brought him towards St Stephen’s Green and he believed the taxi man was “taking me in circles” to make more money.

He said he did not want to pay and got out of the taxi near Parnell Square to talk to gardaí who had been diverting traffic from the scene of a car crash.

He claimed he told Garda Dennehy and two other colleagues that he did “not want to pay the fare”.

He claimed Garda Dennehy took his wallet, removed €10 to give to the taxi man who the court heard then issued the correct change and a receipt. Mr Bastys understood it was criminal offence not to pay for a taxi but claimed he felt robbed.

He maintained the garda gave him his receipt and change, and then told him to “f**k off”. He was then arrested, he said.

When cross-examined by defence counsel Michael Bowman, he said the taxi had first brought him to St Stephen’s Green, a journey of about five kilometres, there and back. But he could not explain why the taxi receipt showed the journey was less than one kilometre.

Disputed claims

He had also claimed he had begun filming his conversation with the garda but his phone was taken from him and the video footage was removed. Mr Bowman put it to him that analysis of his phone revealed that no video had been deleted to which he responded, “crazy”.

He also disputed claims from gardaí and the taxi driver that he had been abusive or that he had been drunk.

He disagreed that the garda had asked him three times to pay the driver. Counsel put it to Mr Bastys that Garda Dennehy had learned from the taxi man that his claims were probably untrue and had resolved the dispute in favour of the taxi man. The barrister suggested that the officer did not act dishonestly or did not have a dishonest motive. “That is your opinion,” replied Mr Bastys.

The taxi driver, Mr Mirza, told the court that he had not brought Mr Bastys near St Stephen's Green, that he had been using the most direct route, via Parnell Square, to go Blanchardstown. He also said Mr Bastys had been drunk and abusive and had been asked to two or three times by Garda Dennehy to pay up.

Mr Bowman submitted to the court that if Garda Dennehy’s actions were deemed criminal, gardaí would no longer attempt to resolve difficulties like this and it would lead to an increase in court prosecutions against people for taxi fare evasion.