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PostPosted: Thu Nov 21, 2019 10:01 pm 
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Stoke-on-Trent taxi driver punched in face during 'wrestling match' with abusive passenger loses licence appeal

https://www.stokesentinel.co.uk/news/st ... ed-3543567

Haq Mirza claimed he was acting in self defence

A Stoke-on-Trent taxi driver involved in a 'wrestling match' with an abusive passenger has lost his fight to have his licence reinstated.

Haq Mirza kicked a man who had punched him in the face when a row broke out over a fare.

The 52-year-old was convicted of actual bodily harm following the brawl on April 12 last year despite claiming self defence.

As a result, Stoke-on-Trent City Council's licensing and registration panel revoked Mirza's Hackney Carriage and Private Hire driver's licences in July last year.

Now Mirza, of Camoys Road, Burslem, has failed in his bid to get his licence back.

Trevor Vernon, prosecuting on behalf of the council, said: "He was convicted of a section ABH. It is that ground the local authority relied on in this case.

"On July 3 2018, the council received an email from Staffordshire Police that informed the council that on April 12, whilst working as a taxi driver Mr Mirza became involved with a male passenger who threw a pre-emptive punch at Mr Mirza.

"The passenger was then held by security from a store and Mr Mirza kicked the male on the ground three times."

Antony Schiller, representing Mirza, told the court his client was acting in self defence and had unsuccessfully tried to have the conviction overturned.

He explained that the passenger who punched his client had 14 previous convictions, 13 involving violence.

He told the court: "There were three adults and two children in his Hackney carriage. The journey was reasonably short to a retail park. During the journey the injured party was being reasonably unpleasant to Mr Mirza - which was not uncommon.

"There was an argument over the fare of £5. The injured party did not want to pay the amount that was on the meter, but it was a metered journey.

"He was insistent that he was wasn't going to hand a £20 note over without receiving the change beforehand.

"Temperatures rose as far as the passenger was concerned. Mr Mirza just said 'get out of my cab'. The last person to get out was the injured party, who struck Mr Mirza in the face. He had a bloodied nose and has blood on his shirt.

"Mr Mirza asked 'why have you done that, why have you hit me?'. The men entered into what has been described as a wrestling match. There were further blows to Mr Mirza.

"And that was when the kicks were said to have occurred. But he says he did not kick him three times and a witness said it was once.

"The injured party went to hospital, he discharged himself. There was no operation."

Mr Schiller added: "The gentleman has 14 previous convictions,. So that's the kind of person he was dealing with."

Upon refusing the appeal, Recorder Balraj Bhatia QC order that Mr Mirza pay £700 in costs to the council.

Mr Bhatia said: "We are not prepared to overlook the opinion of the committee and therefore the licence will be revoked."


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PostPosted: Thu Nov 21, 2019 10:03 pm 
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Another one that sounds a bit harsh, but presumably this was the clincher:

Quote:
"The passenger was then held by security from a store and Mr Mirza kicked the male on the ground three times."


If he kicked him while on the ground and being restrained then that's probably the pivotal fact.


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PostPosted: Thu Nov 21, 2019 10:43 pm 
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Quote:
"The passenger was then held by security from a store and Mr Mirza kicked the male on the ground three times."

Antony Schiller, representing Mirza, told the court his client was acting in self defence and had unsuccessfully tried to have the conviction overturned.

That is not self defence.

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