Bus driver accused of distorting market prices is 'star' of Competition Authority trial, says barrister

Ryan Dunne

A barrister for the "star" of the trial of five bus operators alleged to have colluded to drive tender prices higher has told a jury that without the accused man, “there would be less drivers to bring children to school”.

“We need these drivers to drive our kids to school, and Bus Éireann needs them,” said Dermot B. Cahill SC, in his closing speech at the Central Criminal Court in the defence of Raymond Heney (55). He told the jury that Mr Heney was a man “supporting his fellow bus men” in the tendering process with Bus Éireann for the provision of school bus routes.

Mr Heney, of Camas, Cashel, is one of five Tipperary men being prosecuted by the Competition Authority for alleged offences relating to the provision of school transport services across five counties.

His co-accused are Andrew Walsh (62) of Derrymore, Roscrea; Noel Browne (77) of Bansha; Larry Hickey (73) of Ardmayle, Cashel and Anthony Flynn (51) of Golden Road, Cashel.

All five have pleaded not guilty to offences under the Competition Act 2002.

The single charge against each accused alleges that between November 1st, 2014, and December 31st, 2016, they engaged in a concerted practice which had as its object or effect the prevention, restriction or distortion of competition in trade in the provision of school transport services.

The trial has heard that all of the accused were involved in the process of bidding for tenders to provide school bus routes through Bus Éireann, and it is alleged that there was collusion between them.

The jury has heard that Mr Heney would arrange to hold meetings in order to provide services and assistance in dealing with administrative processes. Mr Heney would invite other bus operators, and they would allegedly discuss the allocation and pricing of the school bus routes.

It is the prosecution's case that the people involved would only bid on tenders in a certain way, rather than doing so independently. It is alleged that there was a “degree of coordination” between the parties so that prices would end up higher.

In his closing speech for the prosecution earlier this week, Dominic McGinn SC said that the five accused were involved in a process of manipulation by getting together to try to “distort the market”. As this is public money, Mr McGinn said that the people being affected were the taxpayers.

He said that the five accused at least, and perhaps others, were attempting to “load the dice” to distort the competition.

Concluding his closing speech on Thursday, Mr McGinn told the jury that while they must consider the evidence against each of the five accused men separately, they still must look at the evidence as a whole.

“When you look at the evidence as a whole, no other reasonable conclusion is available but that these men were involved in a concerted practice with the object to prevent, restrict or distort the competition,” he said.

In his closing speech for Mr Heney, Mr Cahill said that a lot of the focus of this trial was on his client.

“If this were a film, he would be the star,” said Mr Cahill, going on to describe Mr Heney’s co-accused as “co-stars” or “extras”. He said that none of the five accused have any previous convictions, they pay their taxes, and they get up in the morning for work.

He reminded the jury that there are five separate trials going on, so they must consider each man’s case individually.

Mr Cahill said that “Bus Éireann held all the cards” in the professional exchange between the company and the bus operators, while “the drivers were at the whim of one entity”. He said that Bus Éireann needs bus operators, as 90 per cent of their buses are owned by operators like the accused.

“The one man that kept drivers in the market by ensuring they put their tenders in was Ray Heney,” he said, adding that his client “kept a pool of drivers available” for the school bus routes.

“If there was no Ray Heney, there would be less drivers to bring children to school,” said counsel.

Mr Cahill said that the documents the operators had to fill in as part of the tender process were quite substantial and some of the bus drivers needed assistance. He said that Mr Heney convened two meetings and was acting as a consultant to other bus operators, something that Bus Éireann was aware of.

“We need these drivers to drive our kids to school, and Bus Eireann needs them,” said counsel, adding that Mr Heney “was helping out”.

He told the jury that this was why Mr Heney had the details of the other operators, as he was filling out their tender forms for them.

Counsel referenced a slide presentation Mr Heney made to his fellow bus operators, in which the accused highlighted the point that they were all working to make a profit.

Mr McGinn previously told the jury it is the prosecution's position that: "You cannot go into a tender process and discuss who was bidding for what and how much they were bidding."

Mr Cahill said this was not an attempt to create “price fixing” but merely Mr Heney’s message to remind his fellow operators of why they did the work they do.

“We need a Ray Heney every now and again to come in and shake up the system,” said Mr Cahill.

Counsel said all five accused men were driving children to school in their local area, so they were not “a faceless corporation” but merely “people going about their jobs”.

The trial continues on Friday before Mr Justice David Keane and the jury of seven men and four women.