Taxi driver facing sexual assault charge permitted to work at night

A judge has refused a DPP request to prevent a taxi driver accused of sexual assault from working late at night.

The accused, who is due to stand trial later in the year, faces charges that he sexually assaulted a passenger in the early hours of the morning.

Today, a barrister for the Director of Public Prosecutions applied to have his bail conditions altered so that he would be prevented from operating his taxi between 12am and 6am.

Judge Martin Nolan refused the application on the basis that he had never seen or heard of such a bail condition and that the State had no judicial precedent to back it up. He said he was been asked to restrict the right of the accused to make a living and that he is innocent until proven guilty.

The judge said that if the DPP are going to make such a novel application, they should come to court with some sort of precedent.

Prosecuting counsel Roisin Lacey BL told Dublin Circuit Criminal Court it was an issue of public safety. She said that young women are particularly vulnerable late at night when they are on their own.

She conceded that she was unaware of any similar application being made before but said that just because it is a “novel application”, doesn’t make it any less valid.

She added that the accused would still be allowed to work the other 18 hours of the day, seven days a week.

In reply, defence counsel Keith Spencer BL argued that the accused has not been convicted of any offence so it would be unjust to restrict his constitutional right to earn a living.

Mr Spencer submitted that there are “obvious reasons” his client might want to work during the early hours of the morning.

“It is the most lucrative time for taxi drivers,” he said.

He added that there has been no indication from the authorities that the man poses a particular threat to the public and that his five previous convictions are for road traffic matters.