Taxi driver who ‘interrogated’ woman must pay her €1,600

He admitted using offensive language after telling passenger: ‘You look sexy’

A TAXI driver has to pay €1,600 to a female passenger as redress after he subjected her to ‘interrogation’ by repeatedly asking if she was single or lived alone, and saying ‘you look sexy’.

Lucas Bittencourt, 39, was prosecuted by the National Transport Authority (NTA).

He pleaded guilty to using obscene and offensive language toward a passenger in Dublin on May 14 last year.

Bittencourt, of Upper Dominic Street, Dublin, appeared before Judge Anthony Halpin at Dublin District Court yesterday.

Prosecution solicitor Jason Teahan said the woman reported that she flagged down the taxi in the city centre and asked to be brought to Northwood, Dublin 9.

She had been in the back seat, and ‘chatted generally’ with the driver.

Bittencourt said he was Brazilian, but the conversation became ‘a bit more personal, and he started asking her: “Do you live alone?” before they arrived’.

When he reached her destination, he unbuckled his seat, turned and said: ‘I thought you were single. Do you live alone?’

He repeated it a few times, and the woman was ‘taken aback’ and felt ‘a bit uncomfortable’.

Mr Teahan told the judge that Bittencourt, who has no previous convictions, then said: ‘I didn’t get a good look at you.’

He put the light on in the vehicle and told her: ‘You look good, you look sexy.’

At this stage, she felt ‘very uncomfortable’ and asked to pay the fare; there was a little delay in that, but ultimately, it was paid, and she got out of the taxi.

The woman complained to NTA officer Anthony Carey. He questioned Bittencourt, who made a general denial.

He told the NTA he was sorry for any offence caused, although he could not recall the specifics of the trip.

The woman could identify the driver because she paid using the Revolut app, which had a picture of him. She came to court but was not required to give evidence because he pleaded guilty.

Defence counsel Patrick Jackson said his client came to Ireland in 2005 and has been a taxi driver for 15 years with an unblemished record, and generally sent his earnings home.

He was instructed to fully apologise on his client’s behalf for the language used and any inappropriateness.

He explained that the accused had to turn around because it was a Revolut payment. Mr Jackson also said that the guilty plea was valuable because there could have been several technical issues.

He said that ‘any inappropriate behaviour was completely out of character’ and asked the judge to consider applying the Probation of Offenders Act, sparing Teahan a criminal conviction. The offence does not carry a jail sentence but a €2,500 fine.

Judge Halpin deemed it a serious case and said: ‘It trespassed upon the injured party’s rights, in particular, her right to safe passage without being subjected to interrogation about personal matters of a very sensitive and private nature.’

He noted that it happened at the end of the journey, which he held to be a mitigating factor.

However, he said that the driver had a ‘statutory duty to respect his customers and ought not place them in a situation in which they feel uncomfortable or where they feel unsafe’.

To consider the Probation of Offenders Act, he required a €400 contribution toward the NTA’s costs and €1,600 for the victim. The defence said the driver agreed to pay but needed time.

Judge Halpin said that if Bittencourt had been convicted following a contested hearing, it could have been more severe for him, and he may have lost the right to drive a taxi. The case was adjourned until December.

The NTA withdrew a second count of acting in an offensive manner toward the woman on the same date.

The charges are contrary to the Taxi Regulation Act.

‘Right to safe passage’