Judge Paul Kelly
A judge has warned a taxi driver who assaulted a Garda after being challenged for being on a disabled car parking space that he may send him to jail.
Ghanian-born Benson Oseghe, 32, from Glentaine Manor, Letterkenny had denied separate charges in a trial before Judge Paul Kelly.
Both sets of charges involved Oseghe touting for fares at or near Letterkenny bus station.
He has previous convictions for assault and failing to have a PSV license.
In the first incident, Garda Paul McGee found Oseghe parked on a double yellow line close to the bus station for several minutes on November 23, 2011.
When he challenged Oseghe about this, the taxi driver claimed he had stopped to let people cross at a zebra crossing and had only been there for a few seconds.
He sat in the dock, claiming he had shown Garda McGee a receipt for a fare he had just left off, but Garda McGee said the claim was simply not true.
The much more serious incident followed however six months later on May 31 last year.
Garda Damien Mulkearns was on patrol in an unmarked car and observed Oseghe parked in a disabled bay beside the bus station.
Garda Mulkearns told Letterkenny District Court that when he approached Oseghe to challenge him, the taxi driver attempted to drive off.
As the Garda reached through the window of the vehicle, Oseghe closed the window and drove off, dragging the Garda with him.
A member of the public had to go his aid and when Oseghe tried to resist again, Gda Mulkearns was forced to use pepper spray to incapacitate the driver.
The Garda was eventually able to handcuff him.
Oseghe gave a different account of events; however the entire incident was caught on CCTV at the bus station and this clearly showed the events set out in Garda Mulkearns statements to the court.
Judge Paul Kelly viewed the incident in court, and convicting Oseghe on all charges told him that the “evidence was clear from the video footage.”
He convicted the defendant of a Section 3 assault of a Garda and dangerous driving.
The judge went on: “Some taxi drivers believe the law doesn’t apply to them because they have signs on their cars.”
He said the defendant had been “obstructive and evasive” and had invented “fantasy” excuses for his behaviour and taxi drivers had no right to park on either double yellow lines or in disabled parking spaces.
“The way he has met this case, I’m very tempted to impose a custodial sentence,” said Judge Kelly.
He agreed with defence solicitor Patsy Gallagher to adjourn the sentencing until July 18 for a probation report.