It is “quite striking” that two of five men convicted of colluding to drive tender prices higher in the provision of schoolbus services have suffered heart complications after a long trial process, the Central Criminal Court has been told.
A jury agreed last December with the State’s case that the men had attempted to “load the dice” to distort competition in the market, affecting taxpayers.
Each of the defendants had operated buses or taxi services bringing children to and from school in the southwest. Their trial heard that all of the accused were involved in the process of bidding for tenders to provide schoolbus routes through Bus Éireann, which derived 54 per cent of its turnover from school transport.
The Competition and Consumer Protection Commission (CCPC), along with the Director of Public Prosecutions, prosecuted the men.
RM Block
The jury heard that Raymond Heney (56) arranged to hold meetings in order to provide services and assistance in dealing with administrative processes in bidding for tenders. Heney invited other bus operators, and the prosecution alleged they discussed the allocation and pricing of the schoolbus routes. It was alleged that the people involved would only bid on tenders in a certain way, rather than doing so independently, with a “degree of co-ordination” between the parties.
The five defendants, who are all from Tipperary, were Heney of Camas, Cashel; Andrew Walsh (63) of Derrymore, Roscrea; Noel Browne (79) of Bansha; Larry Hickey (76) of Ardmayle, Cashel; and Anthony Flynn (52) of Golden Road, Cashel.
Counsel for Browne, Philip Sheahan, told a sentencing hearing on Monday that his client had significant cardiac issues and that he had been allowed to remain at home for a portion of the trial due to health reasons.
He said that Browne has no previous convictions, lives a pro-social lifestyle and is held in the highest standing in his local community. Sheahan said that Browne had been working for bus authorities since the late 1970s without complaint and had provided a strong and reliable service in his community.
Brendan Grehan, on behalf of Larry Hickey, said his client also had no previous convictions and suffered from cardiac complications. He said his client had more than 75 years of good standing in his community.
He said it was “quite striking” that both his client and Browne suffered heart attacks and noted that court is a stressful place. He said that their clients spent approximately three months in the criminal trial process. Grehan said that there were no allowances for local circumstances in the law, which usually deals with regulating companies “trading in the trillions”.
Brian Storan, representing Flynn, said that a probation report for his client outlined that he had an insight into his behaviour and the impact it had on himself and others. He said that Flynn didn’t have a large bus service and that he assisted in bringing children with special needs to school.
Counsel for Raymond Heney, Dermot B Cahill, said his client accepts the verdict of the jury and that he crossed the line, but said that the background of the case must be considered. Cahill said that Heney provided consultancy services, which Bus Éireann accepted, and that if he had not provided this service there would have been a smaller pool of drivers. He said that Heney and his family have suffered a real financial loss as a consequence of the verdict.
Patrick Gerard Kennedy, on behalf of Andrew Walsh, said his client was a bus operator for many years and received no complaints in that time about his service. Kennedy said that Walsh wished to apologise for engaging in the offences and that it wasn’t his intention to be in this kind of scenario.
Judge David Keane decided to adjourn the matter to July 6th to make a decision on sentencing.
