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Leicester driver's guide dog refusal led to death of man
http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=2&t=32905
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Author:  StuartW [ Fri Jun 22, 2018 1:38 pm ]
Post subject:  Leicester driver's guide dog refusal led to death of man

Well this is interesting. The driver who refused a guide dog because he was afraid it would interfere with his gearstick/handbrake has lost his appeal.

But it transpires the incident led to another passenger having an argument with another driver in the pub car park, culminating in the death of one of the guide dog owner's friends. But the perp was never charged with any offence, and the coroner concluded that it was death by misadventure.

If you're having a bad night on the taxis, don't forget that it could be a whole lot worse.


Leicester driver who was 'worried guide dog would lick gear stick' has lost appeal against conviction for refusing to take her

https://www.leicestermercury.co.uk/news ... de-1701935

'The dog was a big dog and it stood up with its tongue out an inch or two from the gear stick'

A taxi driver found guilty of refusing to take a guide dog in his vehicle has lost an appeal against his conviction.

Zaman Khan, of Brackenwaite, Rushey Mead, Leicester, pleaded not guilty at Leicester Magistrates' Court in March to refusing to take Martyn Richardson and his guide dog, Janet, in his Hyundai i40 estate in May last year.

The 29-year-old was found guilty of the offence, under the 2010 Equality Act.

Yesterday his appeal against the conviction was thrown out at Leicester Crown Court by Deputy Judge Michael Stokes QC, sitting with two magistrates.

A further £400 in costs was added to a £400 fine and £400 costs Khan was ordered to pay by magistrates in March.

The court also heard Leicester City Council's licensing committee had since refused to renew Khan’s taxi licence and he is out of work.

The appeal hearing was told Mr Richardson, 48, of Thurnby, called city company ADT asking them to take him, two friends and golden retriever cross Janet home after a night out at the White House, in Scraptoft at 10pm on Friday, May 26 last year.

Mr Richardson, who gave evidence from a chair in front of the witness stand in Court 3, with Janet laying quietly at his feet, told the court he got into the taxi’s front passenger seat with his guide dog sitting in the footwell.

He told the court that when he got in Khan said he didn’t want the dog in his car and said he was scared of dogs.

“He said ‘no dog, no dog!’," Mr Richardson told the court.

"I said ‘it’s my guide dog’ and he said something like ‘I am scared of dogs, or your dog scares me’.

“I said ‘you scare me’ as a sarcastic form of retaliation.

'My dog is the most friendly you will ever meet.

“Then I just got out, I was upset and annoyed. I don’t like fuss and I just wanted to walk home.

"I just wanted to get away from the situation.”

Questioned by Khan’s barrister, Antony Schiller, Mr Richardson denied claims that Khan had asked him to sit in the back of the car with his dog because he was concerned she may interfere with the gear stick and that he had been abusive to the driver.

Mr Richardson replied: “That is completely untrue. If he had said that there may have been a different outcome.”

Adam Rumsey, one of the other passengers sharing the taxi, said when he got in a short while later Mr Richardson was getting out of the car saying “I’m afraid of you” to the driver.

A third passenger, 68-year-old Graham Hollis, went after Mr Richardson to try and persuade him to get back in.

Mr Hollis became involved in an unrelated incident with a 23-year-old man in the pub’s car park.

A single punch following an argument led to his death.

After this incident, the court heard, Khan left and parked half a mile away, in Scraptoft Lane and called his head office.

In that call, which was recorded by the taxi company, Khan confirmed he didn’t take the guide dog.

The operator, sounding alarmed, said: “You didn’t refuse it did you?”, followed swiftly by: “You can’t refuse a guide dog under any circumstances. It is against the law to refuse a guide dog”

Khan can be heard in the recording saying the three passengers were drunk and abusive and one had thrown a punch at him.

Khan told the court: “I was aware there was a guide dog to be picked up. I have no difficulty with dogs.

“The dog was a big dog and it stood up with its tongue out an inch or two from the gear stick. I was worried it might touch it.

“I tried to ask Mr Richardson if he would like to sit in the back with his dog because I was worried about the safety of my passengers and myself, but he didn’t give me a chance.

“Another customer’s child had once applied the handbrake and it was dangerous.”

Refusing the appeal, Deputy Judge Stokes, who said guide dog Janet had behaved “impeccably” throughout the three-hour hearing, said: “We are satisfied there was a refusal.”


'He had no intention of hurting Graham' - Coroner issues ruling in pub car park death inquest

https://www.leicestermercury.co.uk/news ... de-1701935

Graham Hollis died last May in the car park of the White House in Scraptoft

A coroner has recorded a conclusion of death by misadventure in the case of a grandfather who died after starting a fight in a pub car park.

Graham Hollis had been at the White House in Scraptoft with two friends when the taxi driver picking them up refused to let Mr Hollis’s blind friend ride in the front with his guide dog, sparking an argument.

Student Krunal Patel was trying to drive out of the car park but the taxi was blocking his way.

He stopped and got out of his BMW and Mr Hollis marched towards him, swore at him and threw a punch.

Mr Patel dodged the blow and stumbled to the ground before getting up and swinging at Mr Hollis, hitting the 68-year-old in the chin and sending him falling backwards.

He cracked his head on the ground and suffered a fatal brain injury.

An inquest at Leicester Town Hall heard evidence from six witnesses who all said Mr Hollis had attacked Mr Patel first and detectives who carefully studied the CCTV from the pub also confirmed the chain of events.

After hearing the evidence, assistant Leicester coroner Lydia Brown announced her conclusion yesterday afternoon.

Summing up what happened, she said: “Mr Hollis approached Mr Patel in an aggressive way, swearing and with a raised voice.

“Arm gestures were made by both parties.

"Mr Patel perceived a threat of confrontation and perceived a punch was thrown by him.

“Other witnesses confirmed Mr Hollis made the first aggressive move.

“Mr Patel dodged this but reacted by punching Mr Hollis with a hard blow to his face that directly caused Mr Hollis to fall backwards, hitting his head on the car park Tarmac.”

She added that Mr Hollis, who lived in Thurncourt Gardens, Scraptoft, had never been in trouble before at the pub, where he was a regular.

She said: “The momentary sequence we are dealing with appears entirely out of his usual character.”

The inquest had heard that Mr Patel, 23, was at the pub having come home from Sheffield after doing a university exam.

He had met some friends for a meal and had consumed one alcoholic drink.

The inquest heard he was not charged with any crime over the incident on May 26 last year.

The coroner said a conclusion of misadventure was the correct one because the outcome was not intended by Mr Patel but that it was not an accidental death.

She said: “He reacted by punching Graham once.

"He had no intention of hurting Graham. He said he regrets it every day.”

Author:  edders23 [ Fri Jun 22, 2018 2:08 pm ]
Post subject:  Re: Leicester driver's guide dog refusal led to death of man

The court also heard Leicester City Council's licensing committee had since refused to renew Khan’s taxi licence and he is out of work.

well he's out of the trade now but sounds like there was more to this than meets the eye with aggressive behaviour from the party towards non whites

So probably a racist incident in which instant karma was received in absolute terms

Author:  StuartW [ Fri Jun 22, 2018 2:34 pm ]
Post subject:  Re: Leicester driver's guide dog refusal led to death of man

When you read how the deceased reacted to the third party driver it certainly makes you think differently about how the group interacted with the cab driver.

Quote:
Graham Hollis and his friends were having a noisy argument with a taxi driver outside the White House pub in Scraptoft because he refused to let Mr Hollis’s blind friend ride in the front with his guide dog.

Krunal Patel was leaving the pub car park in his blue BMW but the taxi was blocking his path.

The 23-year-old student got out of his car as Mr Hollis approached him and after a brief exchange the retired metalworker threw a punch that missed Mr Patel.

As he flinched from the attack, Mr Patel fell backwards, hurting his arm. He then got up and punched the pensioner back, flooring Mr Hollis who fell, cracked his skull on the road and died.

An independent witness, Bradley Nutting, who was leaving the pub when the argument between Mr Hollis’s group and the taxi driver was happening, told an inquest at Leicester Town Hall yesterday: “I heard a ruckus behind me. There were raised voices and swearing. It was aggressive.

“It’s at this point the gentleman in the blue car wound down his window and said, ‘Can you hurry this on, I want to get out and you’re blocking the exit’.

“Graham said, ‘Who the **** do you think you’re talking to? Mind your own ****ing business.’

“It was aggressive, rude and seemingly out of nowhere.”

Mr Nutting, sensing there was going to be a fight, rushed to alert the pub security staff and then returned outside in time to see Mr Hollis throw the first punch.

He said: “Graham was about a foot away from Mr Patel. Graham did make a swing but it looked like he missed.

“Mr Patel flinched and then retaliated with a counter jab, which led to Graham falling back and hitting his head. It was quite a distinctive slap sound.”

The inquest heard there was CCTV evidence confirming Mr Hollis threw the first punch, which led to the decision not to prosecute Mr Patel.


In the context of that, it makes the original article on the guide dog refusal seem a whole lot different, at least to me:

https://www.leicestermercury.co.uk/news ... de-1305707

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