AN ENNISKILLEN taxi driver has been given community service for a sexual assault on a female passenger.
Brian Maguire (48) of Drumcor Road Hill appeared at Enniskillen Magistrates Court for sentencing on Wednesday after previously being found guilty of sexual assault.
On Saturday, October 22, 2016 the woman had ordered a taxi to take her to work.
While in the taxi she said the driver touched her right breast, made a comment about her breasts, and then touched her side. She then told him to stop, and asked him to drop her off at her daughter’s place of work.
The court heard CCTV footage showed the woman leaving the taxi in a distressed state.
Maguire had denied touching the woman’s breast, but had been found guilty after contest.
Defence barrister Ciaran Roddy said the offence fell within the lowest level of sexual assault with regard sentencing, but said it had to be accepted that a clear aggravating factor was Maguire’s abuse of his position as a taxi driver, and that the distressing effect it had had on the victim must be taken into account.
The barrister said during the trial it had been accepted this was the first time there had ever been any complaint made about Maguire in terms of his duty as a driver, and that he was a man who could be said to have gone above the call of duty.
Mr Roddy said his conviction had had a devastating affect on Maguire’s future prospects and had destroyed his career as a taxi driver.
Asking the judge to take the defendant’s previous good character into account, Mr Roddy said Maguire had a very strong support network and any period of imprisonment would have a devastating affect on him and his family.
District Judge Michael Ranaghan said while he had not been the judge who had heard the previous contest, he had spoken with the judge involved, and had read the testaments for Maguire and the victim impact statement.
He said he was satisfied a community order would be most appropriate, and sentenced Maguire to 80 hours community service. He also ordered him to pay £400 compensation to the victim.
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