Holidaymaker Christopher Nye assaulted Illogan taxi driver Kamran Mahmood of KM CabsA CABBIE locked his drunken passenger in his taxi after being assaulted by the man who also used racial insults, a court heard.
Holidaymaker Christopher Nye, 30, had drank about 15 pints of cider before attacking Kamran Mahmood, of KM Cabs in Camborne, earlier this year.
He was found guilty at Truro Magistrates' Court on Monday of damaging a plastic partition in a taxi, assaulting the driver and intending to cause him harassment, alarm or distress.
Nye was cleared of two racially aggravated offences, despite admitting using offensive words such as "[edited by admin]".
The court heard the 34-year-old Pakistani taxi boss picked Nye up from Redruth in the early hours of January 13.
'Two choices'
While travelling towards Camborne, Nye swore and used the word "[edited by admin]" during a call to a friend.
He then asked Mr Mahmood to stop at Lower Pengegon railway crossing, swore again and said: "You have got two choices – open the door or I will smash your head in."
Mr Mahmood, a father of three from Illogan, and taxi-driver in the area for nearly six years, replied: "I'll give you two choices – you pay the money or I will call the police."
Magistrates heard Nye then punched and broke the central partition and grabbed Mr Mahmood's hand through the pay hole.
Graham Calderwood, for the CPS, said Mr Mahmood had to punch Nye's fingers to release his arm before exiting and leaving outraged Nye in the locked people carrier.
Mr Mahmood said: "He was violent and I did not feel safe in the car so I left. I was worried about my safety and thought he might injure me.
"When I was on the phone he tried to kick the windows and the door at the back and after my second call for help the police arrived.
"I feared that if he got out he could do anything, come after me or smash the car."
Mr Mahmood told the West Briton it was the most serious incident he has ever been involved in, the violence leaving him feeling extra cautious.
Nye admitted using offensive language but insisted the comments were not directed at Mr Mahmood.
He said he was claustrophobic and angry because he was locked in the car despite having paid the £20 fee.
He said: "I was very upset, I was crying because I did not like being in a small space, it was very emotional. I did swear and used the word "[edited by admin]" but it was not directed at him, it was because of what was happening in the car."
For the defence, Dieter Kehler argued Nye, of Yeovil, Somerset, was falsely imprisoned and Mr Mahmood had assumed he would be assaulted and the racial words were directed at him.
But Mr Calderwood said Mr Mahmood took reasonable steps to defend himself following the threats, assault and racial comments.
Following the one-day trial, Nye was found guilty of the three counts but was not of the two racially-aggravated offences because the bench could not be sure the comments, were directed at Mr Mahmood.
Nye was given a community order with 80 hours' unpaid work, required to take part in an alcohol programme and ordered to pay £360 compensation to Mr Mahmood.
Nye has previously been convicted of criminal damage and being drunk and disorderly.
Read more:
http://www.thisiscornwall.co.uk/Holiday ... z2MDdX4zZD
Login
Register
FAQ
