DUBLIN – Five men from Tipperary are awaiting sentencing after being convicted of colluding to inflate tender prices for schoolbus services, with court hearings revealing that two of the defendants suffered heart attacks during the legal process.
A jury at the Central Criminal Court ruled last December that the men had attempted to “load the dice” to distort market competition, a scheme that the State argued directly affected taxpayers.
The prosecution was led by the Competition and Consumer Protection Commission (CCPC), Ireland’s national competition authority, in conjunction with the Director of Public Prosecutions. The case focused on the coordination of bids for schoolbus routes managed through Bus Éireann, part of the State-funded school transport scheme administered on behalf of the Department of Education.
The Collusion Scheme
The court heard that the defendants, all operators of bus or taxi services in the southwest, coordinated their bidding processes rather than acting independently, in breach of Irish competition law prohibitions on bid-rigging and price-fixing.
Raymond Heney, 56, was identified as a central figure who arranged meetings to provide assistance with the administrative aspects of bidding for tenders. The prosecution alleged that during these meetings, the operators discussed the allocation and pricing of routes.
The State’s case maintained that there was a “degree of co-ordination” between the parties to ensure tenders were submitted in a specific manner to drive prices higher, undermining the competitive tendering system that is intended to secure value for public money.
Bus Éireann is the primary entity through which these tenders are processed, with school transport accounting for 54 per cent of its turnover. The case is being closely watched by regulators as a test of criminal enforcement tools designed to deter anti-competitive conduct in publicly funded services.
Health Complications and Defense Pleas
During a sentencing hearing on Monday, defense counsel highlighted the physical and emotional toll of the three-month trial on the men, who are all small operators rather than large corporate entities.
Brendan Grehan, representing Larry Hickey, described it as “quite striking” that both Hickey and fellow defendant Noel Browne suffered heart attacks during the proceedings. Grehan noted that the court is a stressful environment and argued that the law, which often regulates global companies “trading in the trillions,” provides few allowances for local circumstances or the vulnerabilities of long-serving community operators.
The defendants involved in the case include:
- Raymond Heney (56): Camas, Cashel
- Andrew Walsh (63): Derrymore, Roscrea
- Noel Browne (79): Bansha
- Larry Hickey (76): Ardmayle, Cashel
- Anthony Flynn (52): Golden Road, Cashel
Philip Sheahan, counsel for Noel Browne, stated that his client has no previous convictions and had been working for bus authorities since the late 1970s. Sheahan noted that Browne has significant cardiac issues and was permitted to remain at home for part of the trial for health reasons.
Similarly, Grehan stated that Larry Hickey had no previous convictions and a 75-year history of good standing in his community, arguing that any sentence should take account of his age and health as well as his record of service.
Mitigation and Individual Circumstances
Other defendants presented arguments for leniency based on their professional records and personal insights into the consequences of the offending, as the court weighs deterrence against the impact on individuals and local transport provision.
- Anthony Flynn: Counsel Brian Storan cited a probation report stating Flynn had gained insight into his behavior and the impact of his actions on the integrity of the tender process. Storan noted Flynn operated a small service and assisted in transporting children with special needs, work likely to be affected by any disqualification or custodial sentence.
- Raymond Heney: Counsel Dermot B Cahill stated that Heney accepts the jury’s verdict and admitted he “crossed the line.” Cahill argued that Heney’s consultancy services were accepted by Bus Éireann and that his family has suffered significant financial loss as a result of the investigation and trial, including the loss of contracts.
- Andrew Walsh: Counsel Patrick Gerard Kennedy stated that Walsh had operated as a bus driver for many years without complaint and wished to apologize, stating it was not his intention to be involved in such a scenario and that he now understood the seriousness of coordinated bidding.
The case sits against the backdrop of Ireland’s broader competition framework, under which cartels and bid-rigging in public procurement are treated as serious criminal offences with potential fines and imprisonment, reflecting European Union and national policy priorities on safeguarding taxpayer-funded contracts.
Judge David Keane adjourned the matter to July 6th to make a final decision on sentencing, which will set out how the courts intend to balance deterrence in public procurement cases with the advanced age and health profiles of several of the defendants.
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