http://www.mayonews.ie/news/31754-judge-to-decide-if-westport-taxi-case-was-entrapmentThe case of a Murrisk man accused of operating a vehicle for hire without a license has been adjourned while Judge Mary Devins deliberates on a doctrine of law.
The term, ex-turpi-causa, was introduced by defence solicitor James Ward after hearing evidence in the case of John Walshe, Crossview, Thornhill, Murrisk, Westport in the local district court this week.
Mr Ward said the legal doctrine meant the state could not pursue the case as the apprehension of Mr Walshe arose from an illegal act which could be construed as entrapment.
The court had earlier heard from National Transport Authority Compliance Officers, Eugene MacHale and Martin Murphy. In their evidence they stated that on February 24 last they were in the Westport Quay area and noticed an eight-seater vehicle dropping off passengers.
An app on Mr MacHale’s phone told them the taxi license on the vehicle had expired. They then flagged down the vehicle driven by Mr Walshe and asked him if it was a taxi.
Both officers said they were told it was indeed a taxi and a trip into Westport would cost €5, which they agreed and got into the vehicle, but no money changed hands.
They then identified themselves and added that Mr Walshe had been very co-operative at all times.
Defending solicitor, Mr Ward then introduced a number of legal questions, namely whether an offence had actually taken place as no money had changed hands and if the whole incident was one of entrapment.
He then asked Judge Mary Devins if this was a case of ex-turpi-causa as the officers knew the vehicle wasn’t a licensed taxi when they got into it.
Mr Jason Teehan, representing the Road Traffic Authority, refuted this and added that all the ingredients for a prosecution were in place to which Mr Ward retorted that the ingredients might be there, but no cake had been baked.
Judge Devins said she was adjourning the matter until April 19 in order to consider relevant case law.