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PostPosted: Sat Jun 02, 2012 1:47 pm 
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Taxi driver suffered ‘unprovoked attack’ in Garden City court hears


A 53-YEAR-old taxi driver was punched and kicked by a drunken customer in a completely unprovoked attack it was alleged yesterday.

Flintshire magistrates’ heard Baber Butt had injuries to his forehead, cheek and jaw, a loose tooth, he was bleeding from the mouth, with cuts and grazes to his knees and arms.

The prosecution alleged Lesley Alan Goff, 33, who gave a Leeds address, carried out the unprovoked attack.

He had got a taxi ride from Chester to a hotel in Welsh Road, Garden City, on May 11.


But Defending, Brian Cross, alleged his client had been manhandled out of the taxi, a scuffle occurred and he had punched in self-defence. But he denied any kicking.

Taxi driver Mr Butt told how they chatted, the defendant said he wanted food, but he was told it was late and that all take-aways were closed.

Goff then claimed the taxi driver was going the wrong way and Mr Butt told him if he was going the wrong way, he would return him to Chester and he would not be charged.

When they arrived the fare was £12.70 but the defendant claimed he had already paid.

There was an argument, Mr Butt opened the door for the defendant to get out.

His passenger got out but closed the door and suddenly started punching him to the face with a clenched fist.

The victim fell and it was there that he was kicked around the body said prosecutor Christine O’Kane.

Goff ran off into the hotel, the victim dialled 999, hotel staff helped him and police later arrested the defendant in one of the hotel rooms.

Interviewed, he claimed he had acted in self defence and he had already paid when the taxi driver asked for more.

District Judge Andrew Shaw said evidence would need to be called to establish the facts before sentence and bailed the defendant to attend a future hearing.

http://www.dailypost.co.uk/news/north-w ... -31089467/

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PostPosted: Sat Jun 02, 2012 6:46 pm 
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I wonder if the evidence will be from CCTV?

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PostPosted: Sat Jun 02, 2012 6:54 pm 
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Chester J.D. wrote:
District Judge Andrew Shaw said evidence would need to be called to establish the facts before sentence and bailed the defendant to attend a future hearing.

A Newton hearing.

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PostPosted: Sat Jun 02, 2012 6:59 pm 
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Sussex wrote:
Chester J.D. wrote:
District Judge Andrew Shaw said evidence would need to be called to establish the facts before sentence and bailed the defendant to attend a future hearing.

A Newton hearing.


That will be benefit of the doubt given to the defendant then

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PostPosted: Sat Jun 02, 2012 7:02 pm 
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toots wrote:
That will be benefit of the doubt given to the defendant then

No.

Witnesses will give their evidence and the court will decide the severity of sentence based on that evidence.

The kick is denied, and that could be the difference between jail and unpaid work.

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PostPosted: Sat Jun 02, 2012 7:06 pm 
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Sussex wrote:
toots wrote:
That will be benefit of the doubt given to the defendant then

No.

Witnesses will give their evidence and the court will decide the severity of sentence based on that evidence.

The kick is denied, and that could be the difference between jail and unpaid work.


If there is any evidence of the facts

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PostPosted: Sat Jun 02, 2012 7:15 pm 
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toots wrote:
If there is any evidence of the facts

Facts could be injuries, or damage to vehicle.

And the court will decide who's account is the most credible.

My money is on the driver's evidence as being the most credible.

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PostPosted: Sat Jun 02, 2012 10:57 pm 
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Sussex wrote:
toots wrote:
If there is any evidence of the facts

Facts could be injuries, or damage to vehicle.

And the court will decide who's account is the most credible.

My money is on the driver's evidence as being the most credible.


That might be the case if it in deed it is Newton hearing but I don't think it is. Surely one of the core points of a Newton hearing is the defendant pleads guilty and in this case it doesn't say the defendant has pleaded guilty

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PostPosted: Sat Jun 02, 2012 11:50 pm 
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Quote:
District Judge Andrew Shaw said evidence would need to be called to establish the facts before sentence and bailed the defendant to attend a future hearing.

You only sentence the guilty.

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PostPosted: Tue Jun 05, 2012 3:04 pm 
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Is this the same driver who, after having a minor bump on the rank with another driver tried to claim thousands of pounds for damage and injuries which were found in court to be exaggerated !!! or was it fraudulent.

Anyway if I recall correctly the case was found against him as the other party's insurance company defended their position vigorously after hearing the true facts.


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PostPosted: Wed Jun 06, 2012 8:55 pm 
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Yes,
this is the same driver who took me to court last year (Aug 2011) as a result of an accident he caused in Feb 2010. I won't go into details but the end result was he was found to be a liar in court and was told as much by the judge (as was his "witness"). He was ordered to pay the defense costs of £7200 as well as his own costs of £4800.

I can't comment on the alleged attack but personally I wouldn't believe a word he says.


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