Taxi Driver Online

Not really a taxi story, and it's just mentioned briefly, but interesting to compare this with the Redcar and Leicester cases.


Man knocked unconscious by punch seconds before he was run over and killed by taxi, trial hears

https://www.manchestereveningnews.co.uk ... s-20768447

Abdelllkader Heni, 27, denies the offence of manslaughter


Image: Manchester Evening News/ABNM Photography

A man punched another man in the back of the head knocking him unconscious - twenty seconds later he was run over by a taxi, a trial has heard.

Abdelllkader Heni, 27, was out with friends in Rochdale in September last year when he became involved in an argument with Ammar Terbeche, 32, which got ‘animated’, Minshull Street Crown Court heard.

When Mr Terbeche went to turn away, he was punched to the back of the head by Mr Heni with ‘considerable force’ and he fell to the floor, it was said.

Prosecutors say that the blow knocked him unconscious.

Shortly after the assault, a Mercedes Vito drove over Mr Terbeche and the injuries he sustained were ‘catastrophic and unsurvivable’, the court heard.

He was later pronounced dead at the scene, prosecutor Michael Brady QC said.

Following a ‘thorough and detailed investigation’ by a forensic collision reconstruction officer, the taxi driver, Barkat Hussain, was found to be ‘entirely blameless’.

“Several hours later at about 3.00am the defendant, Mr Abdulrahman and Mr Kassim were outside Yates on Packer Street, which despite the hour, was busy with pedestrians and traffic,” he said.

“Once outside, Mr Heni became embroiled in an altercation with Mr Terbeche.

“Mr Abdulrahman heard the defendant shout: 'Where are you from?' and: 'If you want a fight come'.

"He didn’t hear what the other man, Mr Terbeche, said. Mr Kassim heard both the defendant and Mr Terbeche use the Arabic word for “d***.

“Mr Kassim also heard Mr Terbeche say: 'I gave you a cigarette. Enjoy that'.

“Mr Abdulrahman noted that Mr Heni was angry and that his voice was raised and so intervened, telling the defendant, in English to: 'Stop. Don’t fight'.

“Mr Heni replied saying that the guy was crazy.”

During the argument, which went on for around five minutes, Mr Kassim saw Mr Terbeche ‘run his hand down Mr Heni’s face’ which was seen as a sign of ‘disrespect’, the prosecutor said.

After doing so, Mr Terbeche turned his back to Mr Heni, at which point both friends saw him punch Mr Terbeche, jurors were told.

The Crown says this was ‘no act of self-defence’.

Mr Abdulrahman asked Mr Heni what he was doing, to which he replied: “Run. Run. Leave it. I only punched him”, it was said.

“Within approximately 20 seconds, Mr Hussain, driving his Vito taxi, pulled into the entrance to the taxi rank where Mr Terbeche lay and inadvertently drove over him,” Mr Brady QC continued.

“Despite the efforts of members of the public, and paramedics who were called to the scene at 3.08am and arrived at 3.16am, Mr Terbeche was pronounced dead at 3.55am.

“The defendant, Mr Kassim and Mr Abdulrahman returned to Mr Kassim’s flat.

“Mr Kassim described Mr Heni as being mad at himself for hitting the male.

“Mr Heni told Mr Kassim that he shouldn’t have hit the male but felt he had to as the male had disrespected him.

“Mr Kassim described how Mr Heni appeared scared and talked about going to France.”

Following a post mortem report, Mr Terbeche’s cause of death was concluded as multiple injuries to the chest and abdomen, jurors were told.

In relation to the blow to the head, pathologist Dr Philip Lumb said: “It appeared that he had been rendered immediately unconscious by the blow, strongly suggesting a concussive blow to his head.”

Two weeks later following an investigation with the local housing authority, Mr Heni's name was circulated as someone who was wanted and he was detained on the back of a HGV at the Port of Dover, the court heard.

Jurors were told, that in his police interview, he said: “Any person might make a mistake if he’s pushed to his limits…I didn’t have any intention for any of this to happen…I admit I'm in the wrong, I made a mistake, but I didn’t intend to have such a result.”

Proceeding.

Difficult to assess without seeing all the evidence, obviously, but you'd think a driver should be able to see someone lying on the ground at the entrance to a taxi rank.

Not that I'm usually inclined to blame the drivers in scenarios like this, but does seem very odd in view of the Leicester driver's jail sentence reported yesterday.

Call me a cynic, but maybe the difference is that here there was someone else to prosecute for the death.

I would say that's a sure bet

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lack of modern legislation is the iceberg sinking the titanic of the transport sector

And here's the prosecution. Again


Man knocked out by rival in 3am street fight died after taxi ran him over seconds later, court hears

https://www.manchestereveningnews.co.uk ... m-22387548

Abdelllkader Heni, 28, was later caught 'hiding' in the back of a lorry allegedly to escape to France - he denies manslaughter


Ammar Terbeche (Image: GMP/MEN)

A man knocked out a rival during a 3am row in a street seconds before his victim was run over and killed by a taxi, a court heard.

Abdelllkader Heni, 28, was said to have felled Ammar Terbeche, 32, with a single blow to the back of the head after the pair were involved in an 'animated' argument on Packer Street outside Yates bar in Rochdale town centre.

But 30 seconds after the punch Mr Terbeche was run over by a taxi van, a court heard. He died of 'catastrophic' injuries at the scene.

Mr Heni, of no fixed abode, was later caught 'hiding' in the back of a lorry trying to escape to France, the court heard.

He denies manslaughter.

Mr Terbeche, who was born in Algeria, was well-known among Rochdale's Muslim community. He moved to Rochdale in 2017 and volunteered at the Castlemere Community Centre and at the Central Mosque.

Opening the case for the prosecution, Daniel Calder told a jury at Minshull Street Crown Court on Tuesday: "This case arises out of the death of a man called Ammar Terbeche in the early hours of Sunday, September 20, 2020.

"The prosecution case is that Mr Terbeche's death is the result of an unlawful act, namely an assault committed by the defendant, Mr Heni, in the early hours of Sunday, September 20, last year."

Mr Heni and two of his friends, Mahmoud Kasim and Ibrahim Abdulrahman, became involved in an 'altercation' with Mr Terbeche on Packer Street, according to the Crown.


Ammar Terbeche (Image: Kicha Soufiane/MEN)

The ten-minute argument had been 'animated' although the men had not come to blows, the court heard.

It ended when Mr Terbeche turned his back to the defendant and Mr Heni struck him once 'with considerable force' to the back of the head and caused him to fall to the floor, the jurors were told.

Mr Calder told the jurors: "It's the prosecution case that blow rendered him immediately unconscious. Although the argument had started on the pavement, it had moved into the road."

Moments before the row moved into the road, Mr Abdulrahman had tried to stop the defendant approaching Mr Terbeche, the jurors were told.

The prosecutor said, however, that it was not the blow nor the fall to the ground that killed Mr Terbeche, telling the jury that some 20 seconds after the punch a Mercedes Vito taxi van entered Packer Street and, after a further ten seconds, the 'unwitting' driving ran over him.


Image: ABNM Photography/MEN

The victim suffered 'catastrophic and unsurvivable' injuries and died at the scene, the jurors were told.

The taxi driver, Barkat Hussain, was 'entirely blameless', said Mr Calder.

A police investigation had concluded it was 'entirely reasonable' that Mr Hussain had not seen Mr Terbeche.

"The person responsible for Mr Terbeche's death is not the taxi driver but Mr Heni, the defendant," said Mr Calder.

The prosecutor went on that there had been 'no justification' for earlier striking Mr Terbeche who had 'posed no threat'.

The defendant walked away even thought 'it must have been apparent' Mr Terbeche had suffered fatal injuries, the jurors were told.

The court heard that Mr Heni and his two friends, and a fourth man, had met at 10pm that night before heading into Rochdale town centre at 3am.

Mr Abdulrahman, the jurors were told, heard the defendant shout at Mr Terbeche: "Where are you from? If you want a fight, come."

The pair were said to have sworn at each other in Arabic.

Mr Abdulrahman had tried to intervene and said 'stop, don't fight' but Mr Heni had replied with words to the effect of 'the guy is crazy', the jurors were told.

Mr Kasim, the court heard, saw Mr Terbeche run his hands down the defendant's face.

"This is a sign of disrespect in Arabic culture," said the prosecutor, who went on that this action was not a punch nor a slap.

Mr Calder told the jurors: "Having done so, Mr Terbeche turned his back to the defendant. It's at that point Mr Kasim saw Mr Heni punch Mr Terbeche to the back of the head."

Mr Terbeche was pronounced dead at the scene at 3.55am, the court was told.

A portem examination concluded his death was caused by multiple injuries to his chest and abdomen. Tyres marks were found on his upper chest, the court was told.

Mr Heni was arrested later when he was found 'hiding' in the back of a lorry at the port of Dover in an attempt to leave the UK, said the prosecutor.

He told port officials had had paid £500 for the trip and was 'tired here as they are not answering about my situation' in a reference to his immigration status and had wanted to go to France, said Mr Calder.

But a check of his fingerprints revealed he was wanted by Greater Manchester Police and he was arrested.

During his police interview, Mr Heni told officers Mr Terbeche was drunk, provocative, used racist language and had threatened to stab him, the jurors were told.

He alleged Mr Terbeche had slapped him.

He told officers he planned to tell police but didn't because of his 'mental state'.

Mr Heni said he had removed his pony-tail since the incident because it had brought him bad luck.

"I made a mistake but I did not intend the result," he told officers.

Mr Heni, of no fixed abode, denies manslaughter.

Proceeding.

Not sure if I've missed something in the article, but is this a retrial, or wot?

Maybe they're not allowed to report the fact it's a retrial?

I think they can unless the judge says no, but the jurors aren't allowed to google anything about the matter until after they give their verdict.

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IDFIMH

Ah, this explains it. Article published 16 June 2021.

Must be a pretty unusual reason for a retrial, and what a palaver


Jury fails to reach verdict in manslaughter trial after man dies in Rochdale town centre

https://www.manchestereveningnews.co.uk ... r-20826640

Abdelllkader Heni, 27, who was accused of killing Ammar Terbeche, 32, during an argument in Rochdale town centre, will face a retrial

A jury has failed to reach a verdict in the trial of a man accused of manslaughter after he punched a man unconscious seconds before he was run over and killed by a taxi.

Abdelllkader Heni, 27, was accused of killing Ammar Terbeche, 32, during a row in Rochdale town centre last September.

But after deliberating for nine hours and 24 minutes a jury, on Wednesday afternoon at Minshull Street Crown Court told judge Maurice Greene that they couldn't reach a verdict.

Heni will now face a retrial on December 7.[...]

Not usual, but certainly not uncommon.

Just imagine a jury of cab drivers, and you have your answer. Particularly Bath cab drivers.

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IDFIMH

Wonder why the long and detailed press report didn't mention the fact it was a retrial?

I mean, maybe if the retrial was due to juror intimidation, or similar, then judge might restrict reporting in that regard.

But can't see why the press couldn't report the fact it was a retrial simply because the jury couldn't reach a verdict. Maybe the reporter simply forgot to mention it

I don't think the jury necessarily needs to know that it's a retrial. They might then google it to find out not just why there was a deadlock, but maybe also stuff in that trial that might not come up in this one.

They also might have in the back of their minds as to what the previous jury couldn't agree on when to them it's quite clear cut (one way or the other) what the verdict should be.

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IDFIMH

Yes, I suppose the fact they know it's a retrial might prejudice how they view the case from the kick off. Anyways...


Jury unable to agree again in trial of man who allegedly knocked out rival in 3am row before taxi ran him over

https://www.manchestereveningnews.co.uk ... l-22485957

Abdelllkader Heni, 28, denies manslaughter

Jurors have been unable to reach a verdict in the trial of a man who allegedly knocked out a rival during a 3am row - moments before he was run over by a taxi and killed.[...]

Following two days of deliberations, jurors were unable to reach a verdict in which they could agree either unanimously or by a majority of 10-2, and the trial has concluded with a hung jury.

This is the second time there has been a hung jury in the case.

The jury has since been discharged.

A mention hearing will take place on Monday to discuss what happens next with the case.[...]

As might be obvious, that's just the most relevant parts of the article, and not the whole lot.

But obviously these manslaughter (culpable homicide in Scotland) cases are quite difficult to decide, and this is certainly a lot less clear cut in my mind than the Dundee taxi rank case where I think the defendant hit the victim, who died from a fractured skull when his head hit the pavement. The defendant was acquitted of culpable homicide.

If the death in Dundee had been caused by a taxi running over him, I suspect the charge might have simply been one of assault, or similar.

But, again, the Sheffield case might be one where the Scottish third way verdict of 'not proven' might have come into play. Thus the defendant would be acquitted, but the verdict would reflect the jury's uncertainty and leave the defendant with a greater element of stain on his character than a not guilty verdict