The High Court has quashed a decision refusing P.K. a taxi licence after finding that the Garda licensing authority did not adequately disclose the material it was relying on concerning a previous sexual assault allegation.
P.K. had originally been convicted of sexual assault arising from an allegation concerning 24 December 2017. He consistently denied wrongdoing. His conviction was later quashed by the Court of Appeal and, following a second trial, a jury unanimously acquitted him on 17 September 2021.
He applied for a small public service vehicle licence in January 2023. During a suitability meeting at Bandon Garda Station that September, the licensing authority raised the previous allegation and asked P.K. to give his version of events. P.K. objected, taking the position that his acquittal meant the matter should no longer be relevant.
The licence was ultimately refused on 7 November 2023 because the authority was not satisfied that P.K. was a suitable person.
Ms Justice Phelan rejected P.K.’s argument that the sexual assault complaint could not lawfully be considered. Under the Taxi Regulation Act 2013, the licensing authority must be satisfied that an applicant is suitable to carry members of the public, including vulnerable passengers. An acquittal does not necessarily mean that all evidence relevant to public-safety concerns disappears.
However, the judge found a separate procedural problem. The authority had material including statements from the complainant and a Garda interview memorandum, but P.K. was not clearly told what information was actually before the decision-maker. In particular, the authority apparently did not have his sworn evidence from the criminal trial.
The court held that fair procedures required P.K. to know the material underlying the concerns so he could decide what additional evidence to provide.
Although the judge criticised P.K.’s failure to engage properly with the licensing process, she concluded that responsibility for ensuring procedural fairness rested primarily with the decision-maker. The refusal was quashed and the application remitted for fresh consideration.