Woman cleared of squeezing taxi driver’s breast

Tuesday 07 August 2018

A drunken passenger, who was accused of taunting a female taxi driver, and then allegedly grabbing her breast has been cleared of indecent assault.

The driver – who was referred to as Miss X in the Magistrate’s Court hearing - said she often felt threatened and had installed a 'dash cam' in her car.

Footage of most of the incident  - which was played in court - showed the passenger, 39-year-old Maria Vieira, getting into the front seat of the cab at the Weighbridge at 03.45 on Saturday May 19 and being dropped off at an address in Grouville about 15 minutes later.

Miss Vieira had been drinking, and on getting into the cab is seen asking the driver if she knew where she could get some more alcohol. The driver said she couldn’t help, and then asked the passenger where she wanted to be taken.

As the car enters the tunnel the two can be seen chatting. Later the passenger allegedly begins to taunt the driver, before, in the words of Miss X, she "jumped out of her seat and started feeling my breast." This apparently left the driver feeling "shocked" and "disgusted." Straight after dropping the passenger off the driver called the police to make a complaint. This was also recorded on the 'dash cam' and shown in court.

Miss Vieira’s defence lawyer, Advocate Francesca Pinel, told the court no assault had taken place at all. She claimed Miss Vieira had simply stretched her arm out. According to Advocate Pinel, the camera footage simply didn’t back up the claims being made: she said there was no "jumping out of the seat," and Miss Vieira’s hand was only near Miss X’s breast for a second – not enough time to clutch, grab, or squeeze. She also claimed each time Miss X recounted events she embellished her story “exaggerating and changing the evidence."

Prosecuting, Legal Advisor Susie Sharpe, noted Miss Vieira can be seen and heard on camera apologising for her actions. But, Advocate Pinel, claimed this was for the comments she’d made, and not for attacking Miss X. She claimed any misunderstanding was because Miss Vieira was drunk and English is her second language. Miss Vieira didn’t give evidence in court.

Miss X told the court that since the attack she no longer allows passengers to ride in the front seat, and that this has hit her business badly because she can’t take as many passengers as she used to.

Clearing Miss Vieira of the charge, Assistant Magistrate Peter Harris, said the video footage didn’t support the allegations being made and he didn’t find Miss X credible as a witness. He'll be publishing a more detailed judgement at a later date.