Man fined for pushing taxi driver in well-known Kildare area during heated argument

A South Dublin man was fined for pushing a taxi driver in Kildare during an argument, in which the driver also alleged the man racially abused him.

The case was heard at Naas District Court on Thursday, November 2 last, and involved one Sean Cassidy, with an address listed as Tara Crescent in Firhouse, Tallaght, Dublin 24, County Dublin.

Appearing before substitute Judge Philip O'Leary, the 37-year-old denied all wrongdoing laid against him.

The court was told by Garda Mark Ryan that on July 21, 2019, the taxi driver, who is a Black male, collected Mr Cassidy from a restaurant in Sallins and dropped him to Sallins Train Station.

It was heard that Mr Cassidy was intoxicated when he got into the taxi.

Garda Ryan gave evidence before the judge and Garda Inspector Brian Norton that he received a call from the taxi driver that Mr Cassidy had tried to fight him when he got out of his car at Poplar Square in Naas.

He said that the taxi driver told him that earlier that evening, he had driven Mr Cassidy to the station, where an argument occurred over payment.

Poplar Square in Naas. File photograph.

The taxi driver alleged that Mr Cassidy called him 'a f**king n****r' and 'a Black n****r' during the course of the argument.

He then said that the taxi driver claimed that Mr Cassidy got into his car and followed the driver from the train station to Poplar Square, where the argument continued.

Gda Ryan said that when he approached Mr Cassidy, 'his eyes were glazed over, he was highly intoxicated, he was unsteady on his feet, and his speech was slurred', and arrested him on suspicion of driving while drunk.

He further said that Mr Cassidy was conveyed to Naas Garda Station, where he was asked for a sample of his breath, but refused to give it to gardaí. 

Gda Ryan’s testimony was later backed up by Garda Sergeant Mick Keevans, who said that he observed Mr Cassidy for 20 minutes prior to asking him for the sample of his breath at the station, which is standard protocol. 

He said that when Mr Cassidy refused to do so, he was placed in a cell inside the station.

Gda Ryan also said that he had acquired CCTV footage showing the incident, which he had saved onto a USB stick.

Shortly before the taxi driver was called to the stand, defending solicitor Tim Kennelly questioned why his client’s case had taken so long to come before the court, to which Gda Ryan said that this was likely because of the Covid-19 pandemic.

When the taxi driver took to the stand, he reiterated his claim about the initial alleged argument over payment, and how Mr Cassidy allegedly followed him from the train station into Poplar Square.

He claimed that Mr Cassidy 'kept flashing his lights' at him, had tried to 'bang into' his car, and once he got into Poplar Square, he stopped, got out of his car, went over to Mr Cassidy in his car and told him: "Why are you driving drunk? It’s not good."

The driver alleged that from there, Mr Cassidy became aggressive towards him and angrily pushed him.

When Mr Kennelly asked the taxi driver if his client had used racist language against him, the driver replied: "Yes."

Mr Kennelly told him that his client denies ever racially abusing him, to which the driver said: "I’m not telling lies, there is no point in telling lies."

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Mr Kennelly further said that his client grew up with a Black foster brother, and added that Mr Cassidy was 'disgusted' of being accused of using racist language against another Black person.

"He can’t deny it, it is what he said to me, he said it categorically to me… When you’re drunk, you can say anything," the taxi driver replied.

Mr Kennelly also questioned why the driver didn’t call the gardaí prior to speaking to him again in Poplar Square, to which the driver replied: "I felt there was no point at that time, when I was in the car; it wouldn’t be proper."

The driver further said: "I wanted to go into a public place, where everyone could see me, it was dark at the time."

He added that he was initially unsure if Mr Cassidy was tailing him for the first few minutes, and if he just happened to be going the same way as him.

When Mr Kennelly asked the taxi driver when he got out of the car and walked towards Mr Cassidy in his car, the driver replied: "He tried to bang into my car. I parked in the (nearby) taxi rank, the camera (footage) will show this."

Mr Kennelly then asked the driver why he didn’t drive directly to Naas Garda Station, instead of simply calling the gardaí on his phone.

The driver responded: "Because he (Sean Cassidy) wasn’t in the car with me at the time. There was no point in going (there)."

"That is a bit speculative, to be fair," Judge O'Leary said to Mr Kennelly.

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When Sgt Keevans was in the stand, Mr Kennelly asked him why he didn’t offer his client a blood or urine sample test after he refused a breath test.

In response, Sgt Keevans said: "He (referring to Mr Cassidy) refused point blank to give one (a breath sample)."

Sgt Keevans also said that he explained to Mr Cassidy in simple terms that refusing a breath sample was an offence, and explained the potential penalties, but Mr Cassidy still refused to offer a sample for analysis.

He also said that Mr Cassidy at no point indicated that he had to refuse the test due to medical reasons.

When it was decided to view the CCTV footage, Gda Ryan revealed to the judge that the footage required a password to open, but he had forgotten the password.

He added that he had disclosed the footage to someone else, but the judge decided to proceed without the footage being shown.

Mr Kennelly told the judge that the incident had happened four years ago, so 'there may be an erosion of memory here about the night in question.'

He also said that the case has brought his client anxiety due to it 'hanging over him for the last four years.'

"The prosecution has not offered anything in terms of the reason for the delays," Mr Kennelly added.

He also referred to the complaints against Mr Cassidy as 'vague and unsubstantiated.'

When Mr Cassidy took to the stand, he once more denied any allegations of wrongdoing, and added that his glazed eyes on the night may have been caused by medication he was taking at the time.

He also said that he would have provided a blood sample upon request if he had been asked to do so by Sgt Keevans.

"I’ve had needles in my eyes before to treat my illness, so needles don’t bother me," he added.

When Inspector Norton asked him if had any memory of how much alcohol he had to drink on the night in question, Mr Cassidy replied that he could not recall.

He also said that he could only ever remember drinking in the restaurant.

Mr Cassidy was then asked by the Inspector if he had any medical evidence with him, to which he replied: "No, but I do have a list showing the medication I was on at the time."

When the allegation of racial abuse was put to him, Mr Cassidy reiterated that he had grown up with a Black foster brother, and added: "If anyone made a (racist) comment against him like that, I would be the first person to stand up for him."

After listening to both sides, Judge O'Leary said that he had doubts about the refusal offence, citing the apparent lack of substitute test information provided by the gardaí to Mr Cassidy in relation to the breath test, and added that he had 'to give Mr Cassidy the benefit of the doubt' in this regard.

However, he said that he was convinced 'beyond all reasonable doubt' that Mr Cassidy did push the taxi driver, and convicted him for the offence.

It was heard that Mr Cassidy has no previous convictions.

Judge O'Leary decided to fine him €100 for the assault, and gave him four months to pay it.

Once the verdict was handed down, Mr Kennelly told the judge that his client accepted the court’s decision, and wished to 'apologise unreservedly, but he has no recollection of the events.'

"Unfortunately, sometimes people can say things that they don’t mean when they’re intoxicated," Judge O'Leary replied.