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PostPosted: Sat Oct 10, 2009 3:08 am 
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Cabbie Gets Suspended Sentence For Killing Biker

Oct 9 2009

An uninsured cab driver who ran over and killed a man who had fallen from his motorbike was given an 18-week suspended sentence.

Mohamed Ashrafi, of Boston Road, Hanwell, was driving a customer along Northfield Avenue, Ealing, when he struck Stuart McPherson, who had toppled into the road last October.

Despite mounting the curb and struggling to control the car, the 29-year-old continued on his way.

Stuart, of Greystoke Park Terrace, Ealing, had been out riding his Kawasaki motorcycle at about 10pm on Friday, October 17 when he came off in an unexplained accident.

Ashrafi was later charged with driving without insurance after it was discovered he did not have the required cover to work as a cabbie.

On Monday Prosecutor Rebecca Harris said: "He narrowly missed a bus stop and a tree and, ironically perhaps, Mr Sykes congratulated him on his driving for avoiding the bus stop and the tree."

A Marshall Arts expert who also works as a delivery driver, Ashrafi continued driving a short distance before being forced to pull into a side road when it was discovered his Volkswagen Passat had a puncture. While the driver attended to his car, his concerned passenger Adam Sykes returned to the scene.

Medics were unable to save Stuart, a keen sportsman who had been working for his dad as a carpenter while studying his A levels. Ashrafi changed the tyre before returning.

Defence counsel Ian Henderson pointed out the death of Stuart was not as a direct consequence of his client’s driving or that he was not a properly licensed cab driver.

But Judge Jonathan Lowen said: "In some cases a driver might panic and drive on but then come back to the scene. This case, where the passenger is concerned but the driver stops and changes his wheel is not common. If the passenger had not gone back to the scene, one wonders whether Mr Ashrafi would have done so."

Ashrafi was due to be tried this week but changed his plea to guilty. He was sentenced to 18 weeks in prison suspended for two years, 120 hours community service and was banned from driving for 12 months.

Stuart's family said they were disappointed with the sentence and that Ashrafi had been able to work as a delivery driver since the accident. Mother Maria McPherson said: "We knew he wasn't going to be charged with killing Stuart but if he was truly sorry he wouldn't have changed his plea at the last minute.

"I don't believe he didn't realise what had happened. I want to thank the police for doing their up most to make sure the case was successful."

Source; ealinggazette.co.uk

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PostPosted: Sun Oct 11, 2009 3:20 pm 
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Defence counsel Ian Henderson pointed out the death of Stuart was not as a direct consequence of his client’s driving or that he was not a properly licensed cab driver.


So falling off his bike killed him and not Mr. Ashrafi hitting him with his car.

:roll:

Muppet!


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