Restrictions imposed on public service vehicle licence of man with cannabis conviction ‘irrational’, judge rules
Keith McKenna’s license restricted to employment at cousin’s limousine and wedding car hire company
Keith McKenna’s application for an SPSV licence should be remitted to An Garda Síochána, Mr Justice Charles Meenan said.
Ellen O'Riordan
Fri Jul 21 2023 - 20:57
A High Court judge has quashed a restriction imposed by gardaí on a small public service vehicle (SPSV) licence granted to a man convicted for possession of drugs for sale or supply in 2009.
Keith McKenna’s application for an SPSV licence should be remitted to An Garda Síochána “for the purpose of granting” an SPSV licence to him, Mr Justice Charles Meenan said.
The judge believed it was “irrational and unreasonable” to attach a condition restricting McKenna’s licence to employment at Diamond Limousines and Vintage Wedding Car Hire, which is his cousin’s business.
Given McKenna’s criminal record, it may not have been unreasonable for provision to be made for him to operate his licence under the supervision and/or direction of an appropriate person, Mr Justice Meenan said.
Gardaí initially refused to grant a licence to McKenna (51), with an address at Springfield, Dooradoyle, Co Limerick, but he won a District Court appeal against this refusal.
McKenna, who works as a truck driver, was then issued with a licence restricted to employment at Diamond.
An Garda Síochána is required, under the Taxi Regulation Act of 2013, to assess whether an applicant is suitable to hold an SPSV licence, which generally permits a driver to operate all SPSVs, including taxis and limousines.
McKenna was in 2017 sentenced to five years in prison, with half of this suspended, after pleading guilty at Limerick Circuit Court to possessing some €100,000 worth of cannabis for the purpose of sale or supply in March 2009.
He was earlier jailed for seven years by a UK court after pleading guilty in December 2009 to importing £1.14 million worth of cannabis to the UK in May 2005.
During the High Court hearing in April, McKenna’s senior counsel, Feichín McDonagh, said his client has been rehabilitating himself and is “turning his life around”. He said the District Court judge found McKenna was a suitable candidate for an SPSV licence and gardaí cannot revisit the issue of suitability by imposing conditions.
While his client has an offer of employment from his cousin, there was “no guarantee” he will be employed there for the duration of the SPSV licence’s five-year validity.
The Commissioner of An Garda Síochána’s senior counsel said McKenna told the District Court judge he had no desire to drive taxis and would just be driving wedding cars. The judge granted the appeal against the refusal on the basis McKenna was only going to drive for his cousin, the Commissioner submitted.
In his ruling published on Friday, Mr Justice Charles Meenan said the licensing authority’s power, under the 2013 Act, to attach conditions “as it sees fit” is not without limitations.
It seemed to him that the purpose of the 2013 Act is to protect members of the public who use SPSV services. This must be balanced with McKenna’s constitutional right to earn a livelihood, the judge said.
Any conditions imposed on a licence must be “rational, reasonable and proportional”, and it is not open to gardaí to impose a condition “so restrictive as to, in effect, set at nought the decision of the District Court”.
The judge said that if McKenna’s cousin’s business changes its name the licence would be no longer valid. Further, McKenna could potentially style himself as being “Diamond Limousines and Vintage Wedding Car Hire”, which would “defeat the whole purpose of the condition”.
For these reasons, the judge believed the condition was irrational and unreasonable and should be quashed.
Ellen O'Riordan
Please ignore the following article:
Gardaí in Limerick found wanted man at kitchen table cutting up drugs, court hears
A court has heard how when gardaí arrived at a house in Limerick to execute a warrant for an Irish man, wanted in England for importing drugs worth over €1.4m they found him at his kitchen table preparing a separate massive drugs consignment.
Gardaí in Limerick found wanted man at kitchen table cutting up drugs, court hears
FRI, 30 JUN, 2017 - 15:28
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By David Raleigh
A court has heard how when gardaí arrived at a house in Limerick to execute a warrant for an Irish man, wanted in England for importing drugs worth over €1.4m they found him at his kitchen table preparing a separate massive drugs consignment.
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Keith McKenna, 45, had been n the run; from the UK authorities, when gardai called to his house at Springfield, Dooradoyle, on March 4, 2009.
Moments before detectives arrived at the house with a European Arrest Warrant to detain and transition him back to the UK, after he had previously absconded during his trial for importing cannabis, McKenna had dug up a sports bag containing over €100,000 which he had buried in his back garden.
Detective Damian Kennedy, of the Limerick Divisional Drugs Unit, found McKenna cutting the cannabis into bars in preparation fora buyer he had secured
There were 56 (cannabis) bars, Det Kennedy told Limerick Circuit Court at McKenna sentencing hearing on Thursday.
“The drugs were wrapped in clear plastic see-through tape and silver tape. There were traces of soil on the sports bag he added.
McKenna, with an address at Springfield, Dooradoyle, immediately admitted the drugs were his, and told the gardaYeah, its mine. Its hash.
McKenna, who works as a truck driver, explained he had travelled to a pre-arranged location in Tipperary the previous night to collect the drugs, before he returned home to bury the haul in his garden.
Gardai also found euro;650 in cash in the sports bag; two mobile phones; and a fake ID in the name of Liam Mullin all of which McKenna said he had sourced from a Turkish man, the court heard.
;At the time, he was essentially on the run from the English authorities,” said John OSullivan, SC, prosecuting.
McKenna was swiftly extradited back to England, having previously absconded on the second day of his trial for drug importation, in 2006, at Canterbury Crown Court.
McKenna was subsequently jailed for seven years after pleading guilty to importing 380kg of cannabis; 100g of amphetamines; and six grams of cocaine, into England, at Dover, on May 14th, 2005.
After he was ;released on licence” he was repatriated to Limerick on foot of a European Arrest Warrant, charged with possessing the cannabis resin bars and granted bail.
McKenna told gardai that he thought driving truck in and out of mainland Europe would be an easy way to import drugs and make money fast.
He said he did it at the start to try to help a former family friend who had got into financial difficulty.
Barrister Anthony Sammon, defending, said McKenna had made very foolish decisions
He is 45 now and his life has been dominated by this. His is a life that is screaming to become free from this awful business he said, as he appealed for leniency on behalf of the defendant.
McKenna, who is facing a mandatory minimum sentence of ten years, under the Misuse of Drugs Act, told gardai he was ;sorry, and that he has ;wreckedhis own life.
Mr Sammon said McKenna started importing drugs to provide financial assistance to a previously close associate, who the court heard, was;in a situation of indebtedness.
However, the barrister added:I have to acknowledge (McKenna) did cast a cold eye on making a profit.
McKenna is currently driving for a fruit distribution company, the court heard.
A reference letter provided to the court on behalf of the owner described McKenna as a real asset and that the employer was keeping the job openfor him.
The defendant was supported in court by family members.
Mr Sammon concluded, he has made a series of blunders in his life, but he still has time to get his life back on the road
Judge Tom ODonnell said McKenna had pleaded guilty to a very serious matter;. He remanded him on continuing bail for sentence in July.
