Taxi driver begins defamation action against RTÉ

A taxi driver featured in RTÉ's 'Primetime Investigates' programme intends to sue the national broadcaster for defamation following his successful legal challenge against a decision by the National Transport Authority to suspended his PSV licences.

For several years, Oluwaseyi Okerayi operated a business by hiring out both taxi plates and cars to others.

Last May the NTA suspended" with immediate effect" the 25 public service licenses he held after the 'Primetime' programme, which alleged he rented out cars that were unroadworthy to individuals who did not have licences, was aired.

Mr Okerayi, of Fitzherbert Court, Slane Road, Navan, Co Meath, who denied any wrongdoing alleged in the programme, brought a High Court action aimed at quashing the NTA's decision to suspend his licences.

Mr Okerayi's lawyers argued the suspension of his licences was "a kneejerk response to a sensationalist and inaccurate TV programme carried out without proper investigation". There was no legal basis to continue the suspension, it was further argued.

Last month those proceedings were resolved when Mr Okerayi secured a High Court order quashing the NTA's decision to suspend his licences. The NTA did not contest the action.

Following that decision the businessman intends to bring a defamation action against the RTÉ. Mr Okerayi's solicitor Mr Peter Connolly confirmed he has instructions to commence proceedings for defamation against RTÉ and a formal warning letter has been sent.

"My client reserves his rights to make a complaint to the Broadcasting Commission over the Primetime Broadcast last May and the Press Council of Ireland," he added.

Last July barrister Micheal Ó Higgins SC, appearing with Keith Spencer BL, for Mr Okerayi secured leave from the High Court to challenge the NTA's decision.

Counsel said the PSV licences were suspended on May 18 last before any of their client's vehicles were inspected.

No reasons were given to Mr Okerayi for the suspension. Despite Mr Okerayi's compliance with all of the NTA's requests counsel said efforts to have the suspension lifted were refused.

The NTA's decision was unfounded, unlawful, unfair, disproportionate, and that his rights have been violated. Mr Okerayi had been left without a livelihood, counsel added.

In an affidavit Mr Okerayi, a married father of two children who moved to Ireland from Nigeria in 2002, said that he was the subject of a Primetime Investigates Programme broadcast on May 16 last.

He said the programme alleged he rented out cars that were unroadworthy to individuals who did not have licences. He was "shocked when he saw the contents of the programme" as the broadcast "had deliberately misrepresented certain facts and distorted the true version of events".

He said he carries out the legitimate and perfectly lawful business of renting out taxi plates and vehicles and always checked out and took photocopies of driver's documentation before renting out a taxi. He always repaired any defects in the cars once they were brought to his attention.

Shortly after the programme was aired representatives from the NTA seized documents from his home and he was informed that his licences were being suspended pending a further investigation.

He said that a number of his cars have been tested by both the Gardaí and the NTA.

While some minor defects were detected in a couple of cars only one vehicle was found to be unroadworthy.

He also rejected any suggestion in the RTÉ programme that his cars passed their NCT tests due to impropriety on his part.