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PostPosted: Wed Apr 26, 2023 11:40 am 
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not much to see here just the usual court proceedings

https://www.bournemouthecho.co.uk/news/23480524.bournemouth-taxi-driver-accused-attempting-rape-girl/

A taxi driver collected a teenager in the early hours and drove her to a flat he owned before attempting to rape her, a jury has been told.

Mahdi Ferhane is on trial accused of attempting to rape the 17-year-old girl in Bournemouth.

Prosecutors allege that the 38-year-old used his position as a taxi driver to “take advantage” of the complainant.

Opening the prosecution case at Bournemouth Crown Court on Tuesday, April 25, William Hughes KC said the girl had left Cameo nightclub on the morning of May 29 last year.

She was sat on a bench in Old Christchurch Road and within 30 seconds of her friends leaving the area the defendant parked up next to her in a Volkswagen car.

Mr Hughes KC said after a brief verbal exchange the complainant got into the front passenger seat and asked to be taken to her home but the defendant drove to a clifftop car park and insisted she drove the vehicle.

The prosecutor told the jury that Ferhane then drove the complainant, who cannot be named for legal reasons, to an address which was unknown to her and owned by the accused in St Peter’s Road.

Once in the flat, the prosecution say the defendant removed her dress, massaged her shoulders, pushed her face down and tried to rape her before ejaculating on her back.

Mr Hughes KC said the girl told police she was crying and "frozen in panic”.

She asked the defendant to call a taxi. Ferhane drove the complainant home himself and charged her £12 for the journey, the court heard.

Mr Hughes KC told the jury: “It is in this capacity as a taxi driver that the prosecution say he was able to take advantage of [the complainant] while she was in drink and vulnerable.”

The prosecutor said the defendant was only licensed to carry out pre-booked trips as a taxi driver.

After the complainant made a report to police, Ferhane was arrested.

In an initial interview, the defendant denied having any physical contact with the complainant or her clothing and he denied going to St Peter’s Road, Mr Hughes KC said.

Ferhane said he could not remember the details of the journey but insisted it would have been prebooked, the court heard.

Mr Hughes KC said in a second interview the defendant gave an account which “totally” differed to what he had initially said.

The accused accepted he had collected the complainant from the roadside without a booking. He said she had asked to “go and chill” so he took her to the flat in St Peter’s Road, the jury was told.

Ferhane said they had a drink and the complainant said she felt tired, Mr Hughes KC said.

The prosecutor told the court the defendant said he gave the girl a massage, she took her dress off and he went on to carry out a full back massage before he took off his clothing and did a body-to-body massage.

Ferhane told police he got an erection and ejaculated but he did not try to have sex with the girl.

In her interview with officers, the complainant said she "froze" when the defendant started unzipping her dress.

"I didn't know what to say at all," she said.

The girl added: "I didn't really know what to do in that situation."

Asked if she wanted anything to happen, the complainant said "absolutely not".

The defendant, of Richmond Park Road, Bournemouth, denies attempted rape and an alternative charge of sexual assault.

The trial continues.

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PostPosted: Fri Apr 28, 2023 5:49 pm 
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Taxi driver accused of Bournemouth attempted rape gives evidence

A taxi driver accused of attempting to rape a 17-year-old girl told a jury that he believed the sexual activity that occurred was consensual.

Mahdi Ferhane was in the witness box giving evidence at his Bournemouth Crown Court trial on Thursday, April 27.

Prosecutors allege he attempted to rape the teenager, who he had picked up in his job as a taxi driver in Bournemouth town centre in the early hours of May 29 last year.

After pulling up alongside the complainant in Old Christchurch Road, they engaged in a short conversation before she got into the front passenger seat.

The prosecution case is that the defendant drove to a clifftop car park despite the girl asking to be taken home.

It is alleged that Ferhane made the girl drive the Volkswagen Touran in the car park before he went back behind the wheel and travelled to a flat he had keys for as the landlord in St Peter’s Road.

Once inside the property, Ferhane is alleged to have given the complainant a massage before removing her dress and his clothing and attempting to rape her.

The defendant told the court when he first came into contact with the girl, she said she was not ready to go home.

Ferhane, who is licensed with New Forest District Council as a private hire driver, said after getting in the vehicle the complainant said she “wanted to party” and she asked if she could drive the car, which he eventually agreed to do.

The accused said the complainant said “she did not mind coming and chilling” with him for a bit, so he drove to the address in St Peter’s Road.

Asked why he went to the flat, the defendant said: “Because I had nowhere else to go with her.”

Ferhane told the jury the complainant was on a call with a friend before going into the property, with him refuting her account in which she said her phone was dead and she went into the flat to charge it.

The defendant said after they both had a fizzy drink and spoke in the flat, he offered to give her a massage when they were both sat on a mattress and she said she had a “really annoying shoulder”.

Ferhane told the court the girl tried to unzip her dress and he helped her to unzip it after asking her.

The defendant said she was making “enjoyment sounds” and he proceeded to take off his clothes and do a body-to-body massage.

He told the jury that he went on to get an erection and ejaculated on the complainant’s leg and the mattress. Ferhane said he did not try to have sex.

Asked by defence barrister Stephen Leslie KC if he attempted to rape the girl, the defendant said “no”.

He gave the same response when asked if he believed he touched her without her consent.

The defendant admitted that he lied about what he could remember about the events of the early hours on May 29 when he was first interviewed by police.

The married father-of-two said he did this because he was “scared”, “shocked” and “embarrassed”.

In his second interview, Ferhane said he did not give a true account in the first interview because “I am a married man and I did something really bad”.

When asked what he did that was “really bad”, he said: “I cheated on my wife.”

He did not say about driving to the clifftop car park and letting the complainant drive the car in either interview.

The defendant told the court it was “silly” to let her drive the car and he did not tell officers because he did not want the girl to be “punished”.

Ferhane, of Richmond Park Avenue, Bournemouth, denies attempted rape and an alternative charge of sexual assault.

The trial continues.

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PostPosted: Fri Apr 28, 2023 6:39 pm 
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Quote:
When asked what he did that was “really bad”, he said: “I cheated on my wife.”


if she's any sense divorce him !

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PostPosted: Fri May 05, 2023 6:45 pm 
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Updated verdict article

https://www.bournemouthecho.co.uk/news/23498832.taxi-driver-found-guilty-sexually-assaulting-girl/

A taxi driver has been found not guilty of attempted rape, but he has been convicted of sexual assault.

Mahdi Ferhane was on trial at Bournemouth Crown Court in relation to the incident involving a 17-year-old girl in the early hours of May 29 last year.

Prosecutors told the court the defendant took “advantage” of the teenager.

Returning verdicts on Wednesday, May 3, the jury acquitted Ferhane of attempted rape and found him unanimously guilty of the alternative charge of sexual assault.

The jury heard how the 38-year-old pulled up alongside the girl in Old Christchurch Road, Bournemouth, and after a brief verbal exchange she got into the front seat of his car.

He then drove to a clifftop car park where the girl got behind the wheel. It was disputed whether the defendant told her to do this or if she had ask to drive the Volkswagen Touran.

After Ferhane returned to the driver’s seat he took the girl to a town centre flat he owned in St Peter’s Road, with him knowing it would be unoccupied at the time.

The defendant and the complainant entered the property and a short time later he gave her a massage while she was lying face down on a mattress.

The complainant said she went into the property to charge her phone after it had run out of battery.

Giving evidence during the trial, the girl said Ferhane “forced” her dress off while the defendant said she had started to take the dress off and he helped her remove it after asking if she needed assistance.

Bournemouth Echo:

Ferhane then removed his clothing and started to give a body-to-body massage without asking the complainant if she was okay with this or wanted to do this.

The defendant, of Richmond Park Avenue, Charminster, said he got an erection and ejaculated. He told police and the jury that he did not try to have sex with the girl.

Following this they both got dressed and the defendant took the complainant, who cannot be named for legal reasons, back to her home.

He charged her £12 as a taxi customer for this journey before going on to carry out a fare elsewhere.

The complainant told the jury it got to a point during the incident where she “completely froze” and did not say anything.

“I was just stuck with my head in the mattress,” she said.

The defendant told the court he believed the sexual activity that occurred was consensual.

The jury heard that Ferhane lied in both of his interviews with police.

He said on the first occasion this was because he was “scared, shocked and embarrassed” while during the second bout of questions his falsehoods were because “I am a married man and I did something really bad”.

When asked what he did that was “really bad”, he said: “I cheated on my wife.”

Prosecutor William Hughes KC said Ferhane was able to “take advantage” of the girl while she was in drink and vulnerable in his capacity as a taxi driver.

Ferhane, who was licensed as a private hire driver only by New Forest District Council, was remanded in custody ahead of a sentencing hearing on Friday, June 2.

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PostPosted: Fri Jun 02, 2023 8:38 pm 
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Taxi driver jailed for sex assault on girl in Bournemouth

https://www.bournemouthecho.co.uk/news/ ... urnemouth/

Image

A taxi driver who was found guilty of sexual assaulting a 17-year-old girl has been jailed for more than two years.

Mahdi Ferhane “took advantage” of the “vulnerable” girl, who he had picked up alone in Bournemouth town centre.

The 38-year-old father-of-two abused the trust the teenager had placed in him to take her home after she had been out at a nightclub, Bournemouth Crown Court heard.

Judge William Mousley KC told Ferhane: “You took advantage of her as a vulnerable young girl in order to commit a sexual offence upon her.”

The judge said the defendant committed a “prolonged and sustained” sexual assault.

Ferhane first came into contact with the complainant when he pulled up alongside her when she was sat on a bench in Old Christchurch Road in the early hours of May 29 last year.

After a brief verbal exchange she got into the front seat of his car and asked to be taken to her home.

However, Ferhane drove to a clifftop car park and insisted that she drive the car.

Judge Mousley KC said he was sure that by this point the girl’s phone had run out of battery and she had no idea where she was.

The defendant then took the complainant to an address in St Peter’s Road, which he was the landlord of.

Inside the flat he removed her dress, messaged her shoulder, pushed her face down onto a mattress and touched her with his penis.

The girl repeatedly asked to be taken home, the judge said. She was crying and frozen in panic when the assault occurred.

After the incident, Ferhane drove the teen home and charged her £12 for the trip as a taxi passenger.

In his police interviews, the defendant gave different accounts of what occurred, initially claiming he did not have any contact with the complainant.

During his trial, the court heard Ferhane was licensed with New Forest District Council to carry out pre-booked trips.

In a victim personal statement, read at the hearing by prosecutor William Hughes KC, the teenager said: “Since the man attacked me I have been really on edge.”

She went on to say: “I no longer feel safe to go to Bournemouth.”

The girl said her life had changed for the worst as a result of the sexual attack.

“I want the man who did this to me to know exactly how much harm he has done to me,” she added.

Stephen Leslie KC, representing Farhane, said various positive references had been provided by staff at the prison where his client had been remanded.

Judge Mousley KC jailed Ferhane, of Richmond Park Road, Bournemouth for 28 months at the hearing on Friday, June 2.

The defendant was also placed on the sex offenders register for 10 years and made subject to a sexual harm prevention order for the same period.

As reported, Ferhane was found not guilty of attempted rape but convicted of sexual assault after a trial in April and May.

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PostPosted: Sat Jun 03, 2023 9:50 pm 
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not much of a sentence really :sad:

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PostPosted: Sun Jun 04, 2023 6:48 pm 
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edders23 wrote:
not much of a sentence really :sad:

The jury only convicted him of the much lesser charge.

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PostPosted: Sat Jun 10, 2023 3:45 am 
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Well this is interesting. Looks like a DBS failure in some form, but there's not enough information and it all reads more like lots of blather from the councils trying to cover their backs.

Although, in fairness, nothing to suggest that either local authority was at fault, and it looks like his badge was issued too early to be picked up by the new revocations and refusals database, but not wholly clear.

And nothing about why the driver was previously revoked.


Sex assault taxi driver previously had licence revoked

https://www.bournemouthecho.co.uk/news/ ... e-revoked/

A taxi driver who was jailed for sexually assaulting a 17-year-old girl previously had a licence revoked.

Bournemouth Borough Council removed Mahdi Ferhane’s driver licence in late 2017.

Ferhane applied for a driver licence with New Forest District Council (NDFC) in December 2021.

He was granted this licence to operate as a private hire operate carrying out pre-booked trips only.

Last month Ferhane was found guilty of sexually assaulting a girl who had got into his vehicle in Bournemouth town centre and asked to be taken home.

In a statement issued to the Daily Echo, a NFDC spokesperson said: “Mr Ferhane applied for a driver licence with New Forest District Council in December 2021 but did not disclose that he had previously held a driver licence with Bournemouth nor that this licence has been revoked by Bournemouth Council in November 2017.

“The licensing service were notified of an alleged incident involving the taxi driver in June 2022 and based on the circumstances, the council took action resulting in the immediate revocation of his driver licence.”

During his trial, it was heard he picked up a 17-year-old girl in Old Christchurch Road in the early hours of the morning without a booking.

Judge William Mousley KC said the 38-year-old father-of-two “took advantage” of the “vulnerable” on May 29 last year.

The court heard once the teenager was in his vehicle, Ferhane drove to a clifftop car park and insisted that she drive the car.

The defendant took the complainant to an address he owned in St Peter’s Road.

Inside the property he took off her dress and messaged her shoulder before pushing her face down onto a mattress and touched her with his penis.

After the incident, the defendant drove the teen home and charged her £12 for the trip.

Ferhane, of Richmond Park Road, was jailed for 28 months at a hearing on June 2.

The NFDC spokesperson said enhanced DBS checks are carried out on all new and renewal driver licence applications to identify previous convictions and nothing was disclosed in Ferhane’s case.

They added: “The council also has had a taxi and private hire vehicle refusal and revocations Register in place since 1 April 2022 to record, share and check other licensing authority records when new applications are received from drivers or from those seeking to renew applications.”

Cllr Kieron Wilson, BCP Council’s regulatory services portfolio holder, said: “Any new applications or renewals for licences made to BCP Council are subject to enhanced DBS checks. Drivers also must to sign up to the online DBS update service, which is checked every six months for any change of circumstance.

“All drivers operating in the BCP area need to declare all convictions and cautions as a condition of their licence. National guidance is followed for medical checks.

“We are part of the Local Government Authority National Register of Taxi Licence Refusals and Revocations, which is checked when a new application comes in, so we can pick up refusals and revocations in other licensing authorities.

“We are committed to making sure that everyone in Bournemouth, Christchurch and Poole feels safe, and continue to review incidents to determine if any learning from them can reinforce the measures we have in place.”


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PostPosted: Sat Jun 10, 2023 6:40 am 
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license revocation not for any criminal convictions ?

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PostPosted: Sat Jun 10, 2023 4:24 pm 
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Bournemouth Borough Council removed Mahdi Ferhane’s driver licence in late 2017.

Ferhane applied for a driver licence with New Forest District Council (NDFC) in December 2021.

Hate to disagree with SW but both councils are at fault, and IMO both should hang their heads in shame.

The councils are next door to each other. New Forest is a council that licenses anything that moves, for those vehicles/drivers to work in other areas.

Those councils should have had in place a full proper 24-hour working relationship. Instead, their ignorance of common sense has led, in part, to the situation outlined above.

Shame on them.

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PostPosted: Mon Jun 12, 2023 12:20 am 
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You may have a point, Sussex, and I suppose my point was that both councils did what was required under existing legislation and procedures. And I suppose any shortcomings in that regard are what the NR3 database is intended to address, but it seems that came too late for the current case.

And no doubt you know the area better than me, and the kind of pitfalls that NFDC could potentially have been alert to.

On the other hand, although the two councils are neighbours, where would any pre-NR3 co-operation begin and end? I mean, NFDC applicants could have potentially been revoked by 350 other local authorities in the UK, and to that extent it might be thought unreasonable to check with them all. So a driver of his type revoked by Sefton (say) wouldn't have been picked up by NFDC, but one revoked by Bournemouth would have been flagged up :-k

Of course, it would have been easy enough for any of us (never mind NFDC) to check Bournemouth's licensing minutes for any suspensions or revocations. But - and with regard to previous discussions on here - what would it show? Well it wouldn't show anything, presumably, because the driver's name wouldn't be in the public domain, therefore...

(I braved the online BCP council minutes looking for the relevant meeting back in November 2017 to see if they would shed any light. But they're not there, and although I think the minutes from the pre-amalgamation councils are supposed to be online, they don't seem to have done that yet, assuming they ever get round to it.)

Which anyway is of course pertinent to shortcomings in the DBS system - as I think Edders is alluding, presumably the conduct that led to his revocation was stuff that didn't reach the criminal threshold and thus didn't appear on the DBS check, rather than the omission being due to a DBS error.

Which in turn is presumably why his revocation conduct isn't mentioned in any of the reports of the court proceedings.

Of course, there doesn't have to be a criminal conviction for conduct to appear on a DBS check, but on the other hand there will be conduct a council considers merits revocation that won't appear on a DBS check. So it may be that the stuff leading to the driver's revocation was more low-level licensing-type stuff like fare disputes that police wouldn't be interested in, rather than stuff more criminal in nature.

But presumably there could have been some sort of complaint of sexual misconduct that police didn't prosecute but he was revoked for, but which wouldn't appear on a DBS check? But I'm certainly no expert on what or what won't appear on a DBS check... :?


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PostPosted: Mon Jun 12, 2023 12:34 am 
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All of which makes me wonder why a 17 year old girl would be at a night club and getting drunk in such an establishment. Surely the licence holders of that place ought to be in the dock as well for permitting entry and selling an underage person alcohol.

the DBS system isn't fit for prupose.


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PostPosted: Mon Jun 12, 2023 1:00 am 
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Roy, all that kind of stuff about alcohol and liquor licensing etc is one of my pet peeves, although I generally skirt round the edges of it all on here.

Funny thing, though, I didn't even notice the age of the girl in the article, and that to that extent she shouldn't have been in the nightclub in the first place :-o

But maybe that's because on one level I'm so blasé about stuff like that that I don't notice such details, while on another level I'm semi-obsessive about it all :-X

But, suffice to say, although there are obviously sicko drivers in the trade, on the other hand it's the powers that be that enable all this kind of thing for the kind of reasons you mention.


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PostPosted: Mon Jun 12, 2023 8:43 am 
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roythebus wrote:
All of which makes me wonder why a 17 year old girl would be at a night club and getting drunk in such an establishment. Surely the licence holders of that place ought to be in the dock as well for permitting entry and selling an underage person alcohol.

the DBS system isn't fit for prupose.



years ago we used to have a club where 75% of the clientele were under 18 and the parents would turn up at 2am to pick them up. Eventually the police clamped down and the club once it had to be stricter closed.

The thing is amongst every generation from the age of 15 and above kids want to grow up fast and imbibing alcohol and drugs is part of that

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