Five Tipperary individuals accused of anti-competition offences get trial date
Five individuals accused of anti-competition offences regarding the provision of school bus services in the State will go on trial at the Central Criminal Court in 2025.
Last July, the court heard that the trial of the 13 defendants, who encompass ten individuals and three companies, had posed practical difficulties and would go ahead as two separate trials on different dates. An application was previously made to the court by the prosecution to try the 13 accused in two batches or two groups, which was acceded to.
Counsel for the Director of Public Prosecutions (DPP) Mr Dominic McGinn SC today (FRIDAY) asked Mr Justice Paul McDermott for a trial date for the first five accused on the indictment, which he said would take five weeks.
Mr Justice McDermott told all parties that the case would be managed by his colleague Mr Justice David Keane and fixed a date of January 27, 2025 for trial. The case was listed for case management on March 1, 2024.
The judge said that the balance of the accused on the indictment would "travel for management" by Mr Justice Keane and that the court was not yet assigning a trial date for this group.
Two separate indictments were previously disclosed to the defence with the first indictment outlining the offences against five of the named accused. The second indictment disclosed the charges against "the balance of the accused".
The 13 accused are alleged to have entered into an agreement that had as its object or effect the prevention, restriction or distortion of competition in trade in the provision of school bus services in the State.
The alleged offences are contrary to sections 4 (1), 6 (1), 8 (1) and 8 (6) of the Competition Act 2002.
The 13 cases were taken forward by the Director of Public Prosecutions at the behest of the office of the Competition and Consumer Protection Commission. It was previously estimated that the 13 cases if tried together would take three months.
The charges come on foot of a 2016 investigation and search operation at businesses and private residences into the alleged activities of private bus operators who had bid for and been awarded school bus routes administered by Bus Eireann.
Noel Browne of Templenahurney, Bansha, Co Tipperary; Larry Hickey (71) of Gortnaclogh, Ardmayle, Cashel, Co Tipperary; John Glasheen Limited, Holycross, Thurles, Co, Tipperary; Frances Collison, Emill, Cloughjordan, Co Offaly; Andrew Walsh, Derrymore, Roscrea, Co Tipperary; Margaret Callanan: Dovea Upper, Bouladuff, Thurles, Co Tipperary; Callanan Coaches Limited, Dovea, Bouladuff, Thurles, Co Tipperary and Edward Callanan, Dovea Upper, Bouladuff, Thurles, Co Tipperary are all accused of under section 3 (1) of the Competition Act 2002, as amended.
They are accused that they did between the January 1, 2014 and December 31, 2016, within the State, enter into or implement an agreement with other such undertakings which had as its object or effect the prevention, restriction or distortion of competition in trade in the provision of school bus services in the State.
Meanwhile, Raymond Heney (52), Annray House, Camas, Cashel, Co Tipperary; Anthony Flynn (49), Farnamanagh, Golden Road, Cashel, Co Tipperary; Elaine Glasheen, Holycross, Thurles, Co Tipperary; Malachy Collison Emill, Cloughjordan, Co Offaly and Collison Coach Co Ltd, Emill, Cloughjordan, Co Offaly, are all accused of an 'undertaking within the meaning of section 3 (1) of the Competition Act 2002, as amended.
They are accused that they did between January 1, 2014, and December 31, 2016, within the State, 'authorise or consent to the said undertaking entering into or implementing an agreement with other such undertakings which had as its object or effect the prevention, restriction or distortion of competition in trade in the provision of school bus services in the State.'
Section 4 of the Competition Act states that it is an offence to enter into 'agreements between undertakings, decision by associations of undertakings and concerted practices which have as their object or effect prevention, restriction or distortion of competition in trade in any goods or services in the State that directly or indirectly fix purchase or selling prices or any other trading conditions'.