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Taxi driver avoids assault conviction for pushing cyclist who called him a “p***k” after dangerous close pass – because judge said driver was “taken aback by bad language”

Eamon Judge, who was fined €300 for careless driving, said he felt “intimidated” after the cyclist “belted” his car during the close pass, which forced the rider to swerve out of the way

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.

> Driver drinking vodka from 7Up bottle in car crashes into cyclist on bike lane while six times over drink drive limit – and offers victim €2,500 as “token of remorse”

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.

> "There's a fear of being bullied": Cyclists don't feel "recognised" by other road users, says transport expert

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.

After obtaining a PhD, lecturing, and hosting a history podcast at Queen’s University Belfast, Ryan joined road.cc in December 2021 and since then has kept the site’s readers and listeners informed and enthralled (well at least occasionally) on news, the live blog, and the road.cc Podcast. After boarding a wrong bus at the world championships and ruining a good pair of jeans at the cyclocross, he now serves as road.cc’s senior news writer. Before his foray into cycling journalism, he wallowed in the equally pitiless world of academia, where he wrote a book about Victorian politics and droned on about cycling and bikes to classes of bored students (while taking every chance he could get to talk about cycling in print or on the radio). He can be found riding his bike very slowly around the narrow, scenic country lanes of Co. Down.

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25 comments

Avatar
Andrewbanshee | 1 week ago
0 likes

It's almost as if it is encouraging people cycling who are assaulted to vociferously defend themselves. I for one wouldn't rely on the legal system to give me justice if I am assaulted, which had happened to me recently. The bloke still shouts and screams at me inside his very expensive metal box but refrains from getting out and assaulting me. I now have a camera too.

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bensynnock | 1 week ago
2 likes

Standard behaviour for taxi drivers.

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john_smith | 1 week ago
2 likes

'The solicitor also claimed that words were exchanged and that her client “felt intimidated” by the cyclist and pushed him.'

Ah yes. The good old "we felt intimidated by" defence. If you can use it to justify invading a peaceful neighbouring country, you can certainly use it to justify shoving a fellow road user.

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bikes | 1 week ago
7 likes

Can we see the footage somewhere?

The taxi driver "had not realised he had gone so close to the cyclist". The defence is saying "my client can't drive safely", plus a guilty plea for assault and yet still no serious penalties for the driver. What a joke.

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Born_peddling | 1 week ago
12 likes

Seriously a 52 yr old TAXI driver was "taken aback" by the insult? Complete nonsense I can guarantee this bloke has said far worse probably to his own family and friends complete hogwash....time to call a proctologist some judge needs their head pulling out their _ _ _ _! As for only being charged 300 Euros well it's not exactly real money 🤣

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GMBasix | 1 week ago
13 likes

What a convoluted route the judge had to get to to reach the Right Answer.

We all know that the Right Answer is that in a confrontation between a driver and a cyclist, the cyclist's right and proper place is in the wrong.

The hard part is creating a sequence of reasoning that links from the close pass and assault to placing the blame for all that on the victim.

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mitsky | 1 week ago
7 likes

If the victim of an assault was anyone other than a cyclist, would the result have been different?
Almost certainly.
As this indicates discrimination, can this be appealled as unduly lenient?

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a1white | 1 week ago
0 likes

What a crap road design too, on what looks like a residential road. Solid hashed area in the middle keeping cars apart from each other, so they can go faster without hitting each other, but I bet the taxi dirver didn't enter it to do the the overtake. on the cyclist.

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Barraob1 | 1 week ago
3 likes

Judge Brennan is making a play to take Judge Melanie Greally's and Judge Martin Nolan's title as Ireland's worst judge

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Barraob1 | 1 week ago
3 likes

The Dublin taxi driver, when they aren't ripping off passengers, sexually assaulting them or driving like they make up the rules as they go along, apparently don't like rude words. Incredible

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open_roads | 1 week ago
13 likes

Another judge who gives more weight to hurty words than physical assault.

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eburtthebike | 2 weeks ago
19 likes

Someone explain to me why you would get out of your nice secure car, invulnerable to cyclists, if you felt intimidated by a cyclist.

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Daveyraveygravey replied to eburtthebike | 1 week ago
4 likes

eburtthebike wrote:

Someone explain to me why you would get out of your nice secure car, invulnerable to cyclists, if you felt intimidated by a cyclist.

and then push said cyclist???  Car brain thinking at every turn

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HoarseMann | 2 weeks ago
7 likes

Well there you go, literally no point reporting this stuff if that's the outcome.

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Secret_squirrel replied to HoarseMann | 2 weeks ago
1 like

Given it happened in Ireland we really don't have to worry about it.

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pockstone replied to Secret_squirrel | 1 week ago
7 likes

I quite often ride in Ireland. To be fair, they do give cyclists reasonable warning.

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Rendel Harris | 2 weeks ago
12 likes

Judge passes judgment on Judge, clear conflict of interest there...

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mctrials23 | 2 weeks ago
19 likes

I was so taken aback that I got stopped, got out of my car and assaulted him. The same thing any reasonable person would do. 

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ubercurmudgeon | 2 weeks ago
16 likes

Quote:

Judge John Brennan

That judge needs kicking up the arse.

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eburtthebike replied to ubercurmudgeon | 2 weeks ago
1 like

ubercurmudgeon wrote:

Quote:

Judge John Brennan

That judge needs kicking up the arse.

Any relation of Bishop Brennan, who did get kicked up the arse, with photographic evidence.

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tootsie323 replied to ubercurmudgeon | 2 weeks ago
0 likes

Only if he calls you a p***k.

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Owd Big 'Ead | 2 weeks ago
15 likes

Poor lamb, offended by a bit of industrial language.
Perhaps he should give cyclists more room.
We really are in a strange place where people get away with being bellends and the system supports them..

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grumpyoldcyclist | 2 weeks ago
20 likes

So you feel your life has been threatened, and resort to bad language in the heat of the moment. A driver then stops, exits their car, and confronts you, but the judge believes they feel intimidated and throws out a charge which they have already pleaded guilty to, that of assault.

Beggars belief

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qwerty360 replied to grumpyoldcyclist | 1 week ago
1 like

Swear at the driver - Your fault if they react, so no offence committed.

 

Don't swear at the driver - Clearly wasn't a bad overtake as clearly if you felt you were at risk of being killed you would react, so no offence committed.

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Andrewbanshee replied to grumpyoldcyclist | 1 week ago
0 likes

Well uk police have sent notice to cyclists for using bad language when nearly being taken out by close passes, but the drivists being cleared of wrongdoing. It is very difficult to trust any justice when we don't have proper scrutiny.

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