Sligo taxi driver seeking his PSV licence restored has his appeal rejected

A TAXI driver convicted of operating as a drugs courier by using his work vehicle had his appeal to restore his Public Service Vehicle (PSV) licence rejected at Sligo District Court.

The appeal was taken by 60-yearold Tom Gethins, of Garavogue Villas, Sligo.

The court heard he was advised in January of this year his licence wouldn’t be renewed.

Defending solicitor, John Anderson, contended that Judge Kilrane had indicated in May 2021 that the appeal application would be looked on favourably having been refused on previous occasions. He said his client was told the procedure was changed and he would have to sit an exam and because he had literacy issues an application was made that he would be afforded extra time in the test.

He said his client had a “constitutional right to a livelihood”. He said he wanted to become a useful member of society. He said it was in the judge’s power for him to get his PSV licence back and if the appeal was refused, his client’s job would be gone for life.

Mr Anderson acknowledged Gethins had made a mistake but there were other mitigating factors – he had got involved in the drugs world involuntarily.

He told the court his client had worked legitimately both as a council worker and taxi driver for 30 years, had effectively been forced into couriering drugs to satisfy a drug debt and help his son go to Australia. He said the fact his son was no longer in this jurisdiction meant the risk was no longer there. He pointed out his client had not come to the attention of the gardai since.

Gethins told the court he had made numerous applications for jobs but had no interviews and couldn’t get work as a driver as he needed garda pre-clearance.

He said when his licence was revoked, he first appealed to Judge Kilrane who told him when he got out of prison to try again. He sat the multiple question exam on the computer without any assistance and re-applied for his licence but was “shocked” when it was refused again.

Chief Superintendent Aidan Glacken said that in making his decision to revoke his licence he had to consider if Gethins was a “suitable person” and character and conduct were important to this.

He said that nine days after obtaining his licence, Gethins was stopped, searched and found with over €22,000 worth of cocaine and cannabis to which he pleaded guilty and was sentenced to three years in prison. He said this was the determining and influencing factor in his decision to revoke the licence. Furthermore, he said he had an obligation to the safety of the public who was placing its trust in the driver.

The aggravating factor for him was that Gethins was transporting cocaine which was broken down to a number of deals contained in the sunglasses holder above the driver’s seat.

He said: “On the grounds of public safety, I could not reach a water level that would say he is a suitable person. I was not satisfied his character meets this.”

Retired sergeant PJ Gallagher, who served as PSV inspector for 30 years of his 39-year career in An Garda Síochána, confirmed that Gethin’s fourth appeal was made in May 2021.

With regard to the computer-based exam, he said he had made a “general inquiry” to have someone there to assist him, but the assumption should not have been made his application would be looked upon fairly as a result.

Sligo State Solicitor Elisa McHugh and barrister Helen Johnson represented the state. Ms Johnson said it was not Sgt Gallagher’s duty to look favourably upon Gethins – only to give assistance. In response to Mr Anderson’s suggestion to the judge to renew the licence for six months, she said custodial sentences affect all and his client, having served a substantial imprisonment period of 22 months, must face the consequences of his actions.

Judge Sandra Murphy said she could only deal with the appeal. She said she was satisfied in relation to the appeals process that the correct procedures were followed.