abh

[furiousfairy]

I would like to know what people's views are on my boyfriends situation. He has been charged with ABH and his trial starts at the end of the month.

He was involved in a fight with a taxi driver. The taxi driver got out of his car, and came around to the passenger side. came up to my boyfriend agressively and so my boyfriend punched him. The taxi driver went back into his car and got a fire extinguisher and hit my boyfriend with it and my boyfriend punched him a few more times. Two other taxidrivers witnessed this and called the police and my boyfriend was arrested and charged with ABH.

He tried to make a counter claim shortly afterwards but the police said that they had decided not tocharge the other man. Since then we have been told that they usually wait for the initial claim to finish before pursuing the counter claim, which is fine but the Officer in teh case rang today to say that they will not be pursuing the counterclaim. I fail to see how they can make a decision and the solicitor agreed that it was too early but my boyfriend is in turmoil over this. Ironically my boyfriend has a scar across his head and the "victim" came away with a few scratches so the doctor's report says. Why is this guy getting all the luck and why should my boyfriend be going through this when the victim did more damage to him. How can the officer get away with ringinghim up and telling him this with no real investigation?

My boyfriends defence is self defence and he is 30 with no previous convictions.

[tigwig]

Hi furiousfairy, I am useless at law situations so can't give you any advice but you did ask for opinions so here goes;
I think the taxi driver was in the wrong first and don't blame your boyfriend for punching him at all. My husband was in a very similar situation once, a taxi driver got out of the car after saying he didn't want to finish the journey home and go any further, and approached my husband with a knife telling him to get out of the f*cking car! My husband has got a very low fuse especially when p*ssed so he, like your boyfriend got out and eneding up fighting with the driver who came off considerably worse. Luckily no one witnessed this and the driver obviously knew he had been in the wrong as he never reported it to police ( I'm sure if he had they could have traced my hubby due to cctv when he first got in car) So I wish you luck with the trial and where some people might think our other halfs are violent thugs me and you know different

[flyciderman]

Could I ask the following 2 questions?

1) What provoked the taxi driver to be so aggressive in the first place?

2) Why did your boyfriend not just walk away?

The reason for asking is that the way you set out the facts suggests to me that there might be more to this tale than you have said.

I may be doing you and your boyfriend an injustice, and it could be that your boyfriend was shouted in an aggressive way by the taxi driver for no reason and your boyfriend genuinely felt that her should protect himself, if that is the case I apologise.

[flyciderman]

Tigwig

Would it not have been better to take the number plate of the taxi and report the matter to the Police? Fighting with a man with a knife is possibly against some sort of Health and Safety regulation.

[tigwig]

of course it would flyciderman but this was my hubby not me and in the end the taxi driver did get his comeuppance and my hubby did regret it when he got home we both waited for police to come round but they didn't. The moral of the story is he is not allowed in a taxi on his own now after he has been drinking considerable amounts of alcohol!!! Also, the 'taxi driver' was really an illegal touter now I remember so I'm sure he learnt his lesson that night!

[furiousfairy]

Hi Flyciderman,
My boyfriend asked if he could use his card and the taxi driver said no was rude and drove forward. My boyfriend then walked forward and then the argument started. My boyfriend did walk off and then the the driver came after him with the fire extinguisher. I am under no illusions that he should have run away and called the police but he didn't and the other guy got there first but I guess in the midst of that happening you just don't think. I wasn't there so it is difficult for me to say.

I just find it amazing that the driver did more damage and my boyfriend is on trial in the crown court which is incredibly stressfull for both of us.

Thanks for your support Tigwig xx

[NORMANTHEDOG]

there is a lot more to this then you are saying,why did the taxi driver get out at all,there is no need for him to get out of his seat at all,unless there is a problem. iv been in the taxi and private hire game for 30 yrs and theres no way a driver gets out unless the passenger is causing problems,is sick,or causing a nuisance,so i think your boyfriend must have started all this.lets hope he gets put away for it as well.

[tigwig]

that's unfair Norm, if you are saying that to her then you must be saying it to me and the so called taxi driver was definitely in the wrong in my situation, sometimes taxi drivers are a law into themselves. Of course there must be lots of occasions were drivers are abused by customers but the tables are turned in some cases, not everyone who ends up in a fight deserves to go to prison

[furiousfairy]

Maybe I was not clear. My boyfreind was NOT inside the taxi, he was standing at the window of the passenger side. They were having an argument and the taxi driver got out and came around to the passenger side at which point my boyfriend felt threatened. The taxi driver went back into his car and got the fire extinguisher and hit my boyfreind over the head with it. This part is on CCTV and then my boyfriend relatiated. Obviously the question everyone is asking is why did teh taxi driver get out and that is what he will have to answer when asked by the defence barrister. But I think it is unfair of you to be so judgmental.

[seatrout]

Is this a self defence case were the prosecution are saying that what happened after your boyfriend was hit with the object was unreasonable? The whole incident as you have described it seems completely bizzare. Sorry but there must be more to it than this

[furiousfairy]

Why must there be more to it? This is why I am confused and frustrated about the whole situation. My boyfriend got off the train went up to the passenger side of a taxi and asked the driver if he could use his card the taxi driver obviously thought my boyfriend was being rude and vice versa. The taxi driver drove forward. My boyfriend went back to the window as I assumme he thought there was no need for him to drive off and he needed to get a taxi. Then they were obviously arguing and the taxi driver got out of the car around to where my boyfriend was. The taxi driver has admitted this. I'm not sure what his justification will be for that but that is a point is my boyfriend's favour. My boyfriend felt intimidated so hit the guy ONCE and walked off. The taxi driver went back into his car got the fire extinguisher and ran after my boyfriend and hit him on the head. Then in fear that the taxi driver would carry on hitting him my boyfreind hit him again a few more times.

If my boyfriend had been with two of his friends and they had called the police the taxi driver would probably have been arrested. There are no independent witnesses.

[Goodsoulette]

furious fairy, someone will come on soon with a proper answer, they may pass a little bit of judgment as well.

I just wish to know what makes dome people think that all taxi drivers are holier than thou. I have heard of taxi drivers unjustly assaulting passengers.

[furiousfairy]

I hope that someone can give some insight into all of this as my boyfriend is 30 and has never deen in trouble before...

[Shadow Man]

Just a few points.

1) If what you are saying is true then there is not a court in the land that will convict your boyfriend. All cases at court have to be proved beyond all reasonable doubt. If he has medical evidence to say he is injured (probably the police surgeon, if he was arrested) then this will go in his favour.

He will have to prove self defence with what is known as "the pre-emptive strike". He will have to convince the magistrate or the jury (always opt for crown court!!!!) that he acted reasonable and was in fear of an imminent attack.

Regarding the counter alegations, it will be best to wait after the court case. He should lodge a formal complaint with the inspctor of the officer in the case. Any inspector of that force will suffice however.

Further, and this is not a racist slur, was the taxi driver Asian? If he was then make sure you boyfriend feels it was racially motivated. I can guarantee you that if this is lodged you will get very prompt response.

For the crime to be lodged as racially motivated ANYBODY can feel it was. Whether it was or not, it does not matter.

Give the Asians a taste of their own medicine and keep stressing the taxi driver was racist, racist, racist. If he was white, then forget my last.

As for taxi drivers, like ALL professions there are good and bad.

Also although your boyfriends solicitor would have based his defence on it, your boyfried should learn Sect 3 of The Criminal Law Act and although do not repeat it in court, should word his answers ALWAYS relating to it.

http://en.wikipedia.org/wiki/Criminal_Law_Act_ 1967

Scroll down to sect 3.

Good luck.

[furiousfairy]

All three taxi drivers was asian and I think that victim may have asserted that my boyfreind had said to him "speak English" which is absurd beuase he is not a thug. I don't know if he put that in hss witness statement though

How would he put in a counter claim (after the trial) saying that it was raacially aggravated if he hasn't said it so far and it happened in February... surely that would look like he was just fabricating the evidence?

[furiousfairy]

Also he does have a massive scar and went tothe hospital but there was no police surgeon there was a dr. who put a plaster over it when the people at the hospital said it needed stitches.

The OIC who rang last night who said that they would not be prosecuting the "victim" said that thre was no DNA on the fire extinguisher belonging to my boyfreind but hospital report and CCTV do they not count for anything...? or is the OIC just trying to put my boyfreind off making a counter claim. The OIC said the CPS had looked at it too. That is not justice as my boyfreind has more injuries than the victim!!

[Shadow Man]

Speak with your defence solicitor about the best course of action.

Yes the OIC sounds like he is making it easy for himself.

My advice (though clear this with your brief) is NOW put in a racially aggravated assault.

When the race word is mentioned, the cops will jump. Also, Asian taxi drivers, particularly muslims are the scum of the earth, they really are.

Your brief may say wait until after the case. Follow his advice.

Justice will prevail.

[joanne713]

Hi furiousfairy
This sounds awful you must be so worried about the trial. All i can suggest is that your boyfriend makes sure that the court are well aware he was using self defence and that he felt he was in danger at the time. I cant believe that the police wont do something about the taxi driver, surely the fact that he picked up a fire extinguisher with the intent to use it as a weapon is illegal?
Good luck and let us know what happens.

[furiousfairy]

Ok thanks guys and I will let you all know what happens...you do here stories about the wrong person being locked up though and we are both from respectable families where this type of thing is unheard of.

[Shadow Man]

Even if your boyfriend is mistakingly found guilty, he will not go to prison for a first time minor ABH. A suspended and a small fine at the most.

[chompu]

Shadow Man
I feel your intense dislike for all things muslim has caused you to give some pretty poor advice. You are suggesting that the boyfriend makes sure he 'feels' it was racially motivated even if this is not the case. Are you seriously proposing that he perjures himself. Not good advice from someone who purports to have a wide range of legal knowledge.
furiousfairy.
Take heed of what I've wriiten above. By all means if your boyfriend thinks there was a racial motive then use it. If he has not been in trouble before then he will find the court appearance very traumatic. I have seen many offenders come unstuck by trying to lie to the courts with a clever story. Believe me, with the nerves involved, it shows up.Thus if the court believes you are lying about one element they will have serious doubts about everthing you say.