Taxi driver who abused garda sergeant told court 'pack of lies', judge finds
A taxi driver who pulled a cyclist from his bike and shouted and swore at a garda sergeant has failed in his bid to overturn his conviction, with the judge saying the defendant had told the court a “pack of lies”.
Judge Simon McAleese said that Felix Adedayo (55) behaved in a “bizarre, extraordinary and aggressive” manner and that he was “utterly offended” for the sergeant, who he said had been labelled a liar by the defendant.
The District Court Appeals Court heard that Adedayo claimed the sergeant had “attacked” him by pushing him at the scene.
Adedayo, with an address on Donore Avenue, Dublin 8, was convicted in the District Court of threatening and abusive behaviour on the R137 in Christchurch, Dublin, receiving a fine of €400.
He was also convicted of parking in a way that obstructed traffic, for which he was fined €150, driving through a red light, for which he was fined €250 and driving without due care and attention, for which he was disqualified from driving for six months and fined €250.
He later lodged an appeal against his conviction.
Sergeant Killian Murphy told the appeal court that when he was making his way from his home to a station on January 12, 2023, he had to brake aggressively in order to avoid colliding with a taxi.
He said he followed the vehicle and observed the driver going through a red light.
Sgt Murphy said that he observed the taxi pull in to park across a cycle lane and then pull a cyclist from his bicycle.
He said that Adedayo was extremely irate – shouting, cursing and swearing at the cyclist and the garda.
The sergeant said that he separated both parties and was trying to figure out what had occurred when Adedayo threw himself onto the bonnet of one of the vehicles.
He said that the defendant was “screaming, cursing and roaring” the entire time and that, while he was on the ground, Adedayo locked his legs around one of the sergeant’s legs.
Sergeant Murphy said that Adedayo was hard to understand but it appeared he alleged that the cyclist had damaged his wing mirror.
However, the witness said the mirror had historic damage that he deemed had been done prior to the date of the incident.
Defence counsel, Anna Bazarchina BL, told the court that the garda had not mentioned a red light being broken in his notebook.
She said her client accepted that he had parked dangerously but did not accept the other charges.
The garda told the court that he took his jacket off before exiting his own vehicle so that he was recognisable as a garda.
However, Ms Bazarchina submitted that her client did not realise that the sergeant was a garda member, as he was wearing a jacket.
She said there wasn’t sufficient evidence to show that there was intention to breach the peace on the public order charge and that it didn’t reach the necessary threshold.
Adedayo took the stand, telling the court that the cyclist “crashed” into his car. He said that there had been historic damage to his mirror but that he had fixed it. He said that he didn’t go through any red lights.
The defendant said that he stopped to talk to the cyclist but didn’t touch him. He claimed that the cyclist admitted to damaging his mirror.
Adedayo said that when the sergeant arrived, he didn’t know he was a garda and that he was pushed – not with a friendly push but with an “enemy push”.
He said that the garda attacked him by pushing him and that the sergeant had told him to shut up. Adedayo said that he didn’t know about the sergeant’s leg and that he was making it up.
He said that he did not see the garda take any pictures on the day, despite photos being handed into court.
Adedayo also said that the garda was always behind him on the road and not coming from the direction of his home.
He said that he did not make a complaint about the alleged assault by the sergeant, saying that he forgives him.
Ms Bazarchina said that there were conflicts of evidence and that the judge must give the benefit of the doubt to her client. She said that no complaint was made by the cyclist.
She said that the evidence was not proven to the standard for her client to be convicted.
Counsel said that in the pictures taken by her client, the sergeant had his jacket on and that the defendant did not realise the witness was a garda at the time.
Judge McAleese said that there were stark differences in evidence.
He said that Adedayo throwing himself onto the bonnet of the car and wrapping his legs around the garda was “bizarre, extraordinary and aggressive” behaviour.
The judge said he was satisfied that there was evidence of intention to disturb the peace with this “disgraceful conduct”.
He also noted that there was a “bizarre” false allegation that the sergeant was lying about what direction he was travelling in.
Judge McAleese said that Adedayo was telling a “pack of lies” from start to finish. He said that he was very lucky that the charges were as modest as they could have been.
He said that Sgt Murphy dealt with the matter in an “even-handed, utterly polite fashion” and that he was repaid by being labelled as a liar and as someone who effectively assaulted the defendant.
Judge McAleese said that Adedayo conducted himself in a “disgraceful fashion” and that he was “sorely tempted” to impose a custodial sentence were it not Adedayo’s first offence.
He said that it was an “absolute outrage” in regard to the sergeant and that he was “utterly offended” for him.
The judge decided to affirm the orders of the District Court, saying that Adedayo was lucky to be walking out without increased penalties or a custodial sentence.
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