A taxi driver who pushed a cyclist during a confrontation sparked by the motorist’s “dangerous” close pass has avoided a conviction for assault, after the judge concluded that the motorist might have been “a bit taken back” by the cyclist’s “bad language”.
Eamon Judge, a 52-year-old taxi driver from Dublin, said he felt intimidated by the cyclist, who called him “a p***k” and asked him “what the f*** are you doing?” after the motorist committed a dangerous close pass on him, forcing the rider to swerve out of the way.
While the judge threw out the assault charge, which the taxi driver had nonetheless admitted to, he did fine the 52-year-old €300 for careless driving, the Irish Independent reports.
Garda Niamh Owens told Swords District Court this week that the cyclist was travelling along Mountgorry Way in Swords, a suburban town ten kilometres north of Dublin, on 28 August 2023, when Judge drove his taxi “dangerously close to him”.
According to the officer, words were exchanged during a “verbal disagreement”, before Judge pulled in “dangerously close” to the cyclist, forcing him to again swerve, and approached him. The incident, which was captured on the cyclist’s helmet camera, then saw Judge push the victim, before getting back into his taxi and driving off.
Defence solicitor Fiona D’Arcy told the court that CCTV footage of the incident began with Judge passing the cyclist, who then “belted” the car.
D’Arcy claimed that the taxi driver had not realised he had “gone so close to the cyclist”.
She said the cyclist then told Judge: “What the f**k are you doing? Don’t go so close to me, you p***k”.
The solicitor also claimed that words were exchanged and that her client “felt intimidated” by the cyclist and pushed him.
Judge, who was charged with assault and careless driving, initially pleaded not guilty, but later accepted that he had pushed the cyclist, so therefore was technically guilty.
D’Arcy continued that the taxi driver was “not a violent man and had no temper issues”. She added that “he was very sorry for his behaviour and was ashamed”, and that the court case had been very stressful for him and his family.
The solicitor said Judge was a working driver and was concerned the impact an assault conviction may have on his livelihood.
Throwing out the assault charge, despite the defendant’s guilty plea, Judge John Brennan said the cyclist had “used bad language” during the confrontation, and that he could see how Judge “might have been a bit taken aback, in what was clearly a fraught situation”.
He nevertheless fined the taxi driver €300 for careless driving.