A taxi driver who was stopped without insurance or proper licence whilst driving a busload of Bower girls, had his case adjourned to July 15 to allow his defence team time to call the bus owner to give evidence.
Before the court was Frank Dolan (54 ) of Halls Bridge, Athlone who had been stopped at Bogganfin on the afternoon of January 14 by Garda Keith Harrison.
The garda told the court that Dolan did not have insurance, road tax or a certificate of roadworthiness displayed and wasn't wearing his seatbelt.
Garda Harrison demanded these documents be presented to a garda station of Dolan's choice within 10 days and this was not forthcoming, the court was told.
Though his client was pleading guilty, solicitor Mr Barry McLoughlin, told the court that Dolan had been “asked at short notice to drive because the normal bus driver had suffered a bereavement”.
However, Garda Harrison gave evidence that the bus owner, Mr John Brennan, “says he didn't know Mr Dolan was using the bus on the day in question”.
“My client says he was contacted by a base operator [at Brennan's Citicabs firm] to drive the bus,” said Mr McLoughlin.
He explained how the run was from the Bower school to Kiltoom.
“It seeems to have been a personal run by Mr Dolan for his own reward as opposed to the reward of anyone else,” said Judge John Neilan.
“There is still no insurance before the court.”
“I spoke to Mr Brennan on that date and he said he wouldn't have Mr Dolan drive because he hasn't the proper documentation,” said Garda Harrison.
He explained that on January 14, he had waited until a driver “with a proper licence” came along before he allowed the bus to move off again.
Judge Neilan accepted the conflict between the defendant and Mr Brennan and added: “the onus [of proof] has moved from the prosecution to the defence”.
He adjourned the case for four weeks to allow Mr McLoughlin time to prepare a cross-examination of the bus owner.
