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PostPosted: Sat Mar 01, 2008 6:31 am 
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29 Feb 2008

Death incident taxi driver fined

A TAXI driver has been convicted of dangerous driving involving an
incident in which a passenger jumped from his cab and died.


Avtar Mander was originally charged with causing death by dangerous
driving but that charge was dismissed by a judge before it came to trial.

However today (Friday) he stood trial at Luton Crown Court on the charge
of dangerous driving before a jury who were never told the full tragic
consequences of the night's events.

Judge Stanley Spence said Mander was not responsible for the death of
20-year-old Oliver Livings, from Vicarage Close, Langford, but said: "As a
taxi driver there is a higher duty of care to your passengers which you ignored."

Mander, 40, of Newlands, Letchworth GC, who had been a taxi driver for
14 years, was fined £500 and banned from driving for a year. He must
also pay £2,500 costs.

Prosecutor Maurice Aston told the jury that in the early hours of August 5,
2006 five young men hired a cab after a night out in Hitchin to take them
home to Langford. They negotiated a price of £30 with Mander.

He stopped at a social club in Church Street, Langford, where they wanted
to be dropped off, but after three got out he had the impression he was
not going to be paid and decided to drive the remaining two to
Biggleswade police station.

The seven-seater taxi had sliding doors and he drove off with the door in
the open locked position. He called police en route and the tape of the call
was played to the jury.

Mr Livings could be heard remonstrating with the driver.

The other remaining passenger, Elliott Owen, said he had not been aware
of any intention not to pay the fare, although he had no money on him at
the time.

"Oliver was telling the driver to calm down and that we would give him his
money but then he jumped from the taxi. The taxi went faster. My initial
reaction was shock. The driver did not say anything."

But he said the driver did calm down and pulled up a little further on when
the door was closed.

Mander claimed he was acting under duress.

Geoffrey Birch, defending, said: "He was faced with an unexpected
situation and in the heat of the moment made the decision to drive to the
police station. He was putting the matter in the hands of the law and doing
the right thing. However things then went very wrong.

"He either drove without checking the door was secure or without giving
any thought to that matter.

Source: Herts 24
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PostPosted: Sat Mar 01, 2008 7:13 am 
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Cybro wrote:
The other remaining passenger, Elliott Owen, said he had not been aware of any intention not to pay the fare, although he had no money on him at the time.


I wonder who did have money?

When you jump out of a vehicle travelling at speed you're inclined to get hurt. Another example of get your money up front for long jobs.

Regards

JD

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PostPosted: Sat Mar 01, 2008 2:12 pm 
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So what would have happened if the door had been closed, and the passenger then opened the door from the outside of the window. I have had this situation, and the guy then jumped, in my case he was alright.

The "Beak" is in effect saying that once they open the door OR the door is opened, we are not acting in the interest of the passenger and we have to let them go :shock:

Is it not about time that people started taking responsibility for their own actions? No back up for the trade as ever.

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PostPosted: Wed May 14, 2008 8:11 pm 
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The mush has lost his appeal.

http://www.biggleswadetoday.co.uk/bigg/ ... 4078089.jp

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PostPosted: Thu May 15, 2008 12:20 pm 
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Are they saying that it is an over reaction to take someone to the police if they are not going to pay.

This is not a child who has fallen from the car, it is an adult who jumped of his own free will.

Soo! if a police officer or a Security warder is transfering a prisoner and the prisoner jumps out of the vehicle and kills themself - are they liable to prosecution.

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PostPosted: Thu May 15, 2008 7:11 pm 
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cabby john wrote:
Are they saying that it is an over reaction to take someone to the police if they are not going to pay.

Not really, but I am saying that for this incident to get to the Court of Appeal, we don't know the half of it. :wink:

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PostPosted: Mon Oct 06, 2008 2:38 am 
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The process was simple, the court considered that the judgement rested on two arms of the law, the first was whether there were extenuating circumstsnces to allow a reduction in sentence, the second was whether having found special circumstances the court should exercise its discretion.

The high court was of the opinion that the judge was best placed to decide whether discretion should be exercised and not them?

Regards

JD

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