Jailed for assault on taxi driver

Two young men from West Cavan, one of whom assaulted a taxi driver and the other having damaged the taxi vehicle, were sentenced at Ballyconnell District Court after they pleaded not guilty to the charges against them. Kieran Feeney, Derrintovey, Newbridge, Dowra, was sentenced to four months for assaulting Adrian O'Brien at Dowra village on September 21. He was also fined €150 for failing to pay for a taxi fare. Noel McGovern, Curraghglass, Glangevlin, was sentenced to three months for damaging a window and lower panel of the front passenger door of the taxi on the occasion. He too was fined €150 for failing to pay the taxi fare. Adrian O'Brien stated to the court that two young men hailed him down in Carrick-on-Shannon and asked to be taken to Dowra. One of them sat into the front of the car and the other into the back. The lad in the back fell asleep. When they reached Dowra, the lad in the front tried to waken the lad in the back. The lad in front then got out and opened the back door but still couldn't get his friend awake. Then "out of the blue" the lad in the front decided to make a run for it and ran up an embankment. At this stage, his companion in the back woke up and when witness told him that the fare was €45; he replied that they normally got home for €5. Mr. O'Brien remarked that it was 19 miles from Carrick-on-Shannon to Dowra. He said that the lad in the back claimed that the fare was a "rip-off" and punched him in the face before running off towards the village. In evidence, the driver said that he rang 999 and was put through to Ballyconnell Garda station. Mr. O'Brien then headed back towards Carrick-on-Shannon and saw the two men close to a dark coloured jeep. He turned around as he was waiting for the gardaí and as he drove past, the two men threw a handful of small stones at the passenger door and window. The damage came to €845. It was a new car and cost €30,000. Cross examined by Damien Rudden, solicitor for Feeney, Mr. O'Brien denied that Mr. McGovern paid him €20. Replying to Hilary Fitzpatrick, solicitor for McGovern, the driver said that if he had been given money for the fare, he would have issued a receipt. He denied that he was ever the subject of a complaint to the Taxi Regulator. Garda Fintan Dowdall said that he and Garda Gallagher arrived in Dowra at 4.50am. The two defendants were standing outside a shop and both were intoxicated. Noel McGovern said that he paid for the fare and Feeney remained silent. The taxi driver identified the two men as those who got the taxi. The garda said that he arrested Feeney for assault. On their away to Ballyconnell Garda station, he heard Feeney say that they made a mistake and should have paid for the taxi. Cross-examined by Mr. Rudden, the garda said that they both claimed to have paid €20 for the taxi. Kieran Feeney said that he fell asleep and when they reached Dowra Noel woke him. They told the taxi driver it usually cost them €5 for a taxi. The driver looked for €10 each and Noel gave him €20. Noel got out and the driver drove Kieran a bit further on and then looked for another €30 but witness said that he had already been paid €20. Feeney denied that he clenched his fist and hit the driver. "I have never hit anyone and I deny I assaulted him," he said. He didn't see Noel throwing stones at the taxi, nor did they get any receipt. Cross-examined by Superintendent Brian Brunton, prosecuting, Feeney accepted that there was a meter running in the taxi and it revealed that he didn't pay the fare. He admitted having had ten or eleven bottles of Bud to drink. Noel McGovern said that he paid for the taxi and handed over €20. He denied he threw stones at the car. Replying to Supt. Brunton, witness agreed that there was €45 on the metre. Addressing Feeney, Judge Sean MacBride said that this defendant told a tissue of lies. "I don't believe a word out of your mouth. You viciously assaulted the taxi driver; you hit him with your closed fist and did not pay for the taxi. This type of behaviour is not acceptable," said the judge. Stating that taxi men and women must be protected from assault, he added: "I am sending you away." Addressing McGovern, Judge MacBride said he was satisfied that it was this defendant who threw stones at the car and caused the damage. "It was violent and showed the contempt he had for the taxi driver," said the judge who complemented the taxi driver for the manner in which he gave his evidence. "It was utterly disgraceful to try and blacken your name but you are leaving this court without any stain on your honour whatsoever," the judge told Mr. O'Brien. Recognisances were fixed in the event of appeal.