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PostPosted: Tue Mar 19, 2013 11:46 pm 
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Remember, Mens Rea, intent, has to be established for a murder conviction.

Even if they went to the park in agreement to have a "square go", isn't it a stretch to suggest either had death and murder in mind.

Of course, it could be that if one could reasonably anticipate that death would, or could, occur from their action (Actus reus) then that may be enough to establish Mens Rea.

Having had a numpty do a perfect stunt roll over my bonnet, and being dragged through the court for it, to be acquitted, I can easily understand how events can escalate well beyond any intent to inflict grievous harm.

As things seem, and as they seem to be unfolding, I don't see murder here.

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PostPosted: Wed Mar 20, 2013 8:34 am 
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If the guy was waving a blade about maybe the cab driver sh*t himself got in his cab and tried to get the feck out of there?

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PostPosted: Wed Mar 20, 2013 8:50 am 
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Jasbar wrote:
Of course, it could be that if one could reasonably anticipate that death would, or could, occur from their action (Actus reus) then that may be enough to establish Mens Rea.

Not just death, but serious injury.

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PostPosted: Wed Mar 20, 2013 4:01 pm 
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No knife found at the scene. Hmm.. Think that would have pretty much corrobarated his story if it had been found. Unfortunately it could have the reverse effect without this crucial piece of evidence.


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PostPosted: Wed Mar 20, 2013 5:49 pm 
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Police did not find knife after man found dying in park, trial hears


A murder trial has heard how police searched in vain for a knife after a dying man was found in a park.

A dog walker discovered fatally injured Ebrahim Aryaei Nekoo, 41, in Edinburgh's Saughton Park but he died before he could be taken to hospital.

Cabbie Stephen Nolan, 48, denies murdering Mr Aryaei Nekoo by driving his black taxi at him and running him over.

Nolan from Edinburgh, arrived pale, sweating and shaking at a police station soon afterwards to report the incident.

Interviewed later he told detectives that private hire cab driver Mr Aryaei Nekoo had brandished a knife at him, forcing him to jump back into his cab to drive away.

"Without a shadow of a doubt" the knife would be near Mr Aryaei Nekoo's body, he said.

But Sergeant Stuart Alexander, who was acting as crime scene manager on March 24 last year told the High Court in Edinburgh no knife was found.

He said he would have noticed a knife that day because it was believed initially that Mr Aryaei Nekoo might have been stabbed.

Trained officers conducted a finger-tip search the next day in an area which had been cordoned off as the "crime scene", after Nolan had made his claim about the knife.

Douglas Fairley QC prosecuting asked: "So your evidence is there was no knife near the body, no knife in the inner cordon area?"

Sergeant Alexander replied: "That is correct. There was definitely no knife found in that area."

The jury has also seen CCTV footage of the two drivers speaking to each other on the forecourt of Sainsbury's petrol station in Westfield Road, before driving away in the direction of nearby Saughton Park.

The Vauxhall Zafira driven by Mr Aryaei Nekoo is behind Nolan's cab.

http://local.stv.tv/edinburgh/218363-po ... g-in-park/

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PostPosted: Thu Mar 21, 2013 12:31 am 
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So no knife was found at the scene of the incident, very strange. It doesn't make sense to make the claim, there was a knife, knowing it would fail to be discovered unless of course, you were mistaken in your belief that Mr. Nekoo had a weapon in the first place? :?


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PostPosted: Thu Mar 21, 2013 9:57 am 
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absolute pricks the pair of them imo
going somewhere secluded for a square go :roll:
if somit goes tits up,as it did.
then peoples life's are [edited by admin] up for good,because of a daft argument over work ffs utter madness
feel sorry for the 2 parties involved and their families
a lesson to be heeded


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PostPosted: Thu Mar 21, 2013 7:19 pm 
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Murder trial hears of 'road rage' incident between rival cabbies


A murder trial has been hearing of a road rage incident between rival cabbies.

Joseph O'Connor, 47, told how he was threatened when he accidentally broke taxi drivers' "etiquette" by overtaking another black cab.

Rival driver Stephen Nolan was cleared of making threats when advocate depute Douglas Fairley QC called his own witness a liar.

The prosecutor also accused Mr O'Connor of putting the murder trial in jeopardy by persuading a relative to back up his story about a separate road rage incident even though she was not there. Mr O'Connor denied he had told lies.

At High Court in Edinburgh on Thursday, Lady Wise formally acquitted Nolan of two charges of breach of the peace.

Nolan, 48, from Edinburgh, still faces a charge of murdering private hire taxi driver Ebrahim Aryaei Nekoo, 41, in Saughton Park, Edinburgh, on March 24 last year by knocking him down and running him over.

He denies the murder charge and other remaining charges of assault and threatening behaviour.

Mr O'Connor, who has been driving taxis for more than 20 years, described an alleged incident on the A8 Edinburgh Airport road near Gogar roundabout in the early hours of the morning in March 2009.

He said he had finished work and was heading home but had forgotten to switch off the light indicating he was available for work. When he over-took Nolan's taxi, it might have looked as though he was trying to jump the queue to pick up a fare.

Mr O'Connor added he had never seen anyone trying to hail a taxi on that stretch of road.

He claimed when he pulled out to overtake Nolan's black cab, the other driver moved into the outside lane of the dual carriageway. Nolan braked so that he nearly ran into the back of the vehicle.

The other cabbie than drove alongside, with his window down, hurling abuse, said Mr O'Connor. Later, the other driver blocked his way, got out of his black cab and came towards him waving his arms "like a man possessed."

Mr O'Connor said the other driver began to punch the window of his taxi and threatened to stab him in the eye and rip his head off, calling him "a wee f***ing spotty specky b******."

Mr O'Connor identified the cabbie who threatened him as Stephen Nolan.

He told the trial: "I was a wee bit shook up. These are guys who are supposed to be trusted."

As soon as he got home, Mr O'Connor sent an e-mail to Edinburgh Council complaining about the other driver's aggression, the trial heard.

Mr O'Connor also described an incident in August 2010 when he claimed Nolan had threatened him in South Bridge, Edinburgh.

It was that alleged incident which led to allegation that he was lying about his step-son's fiancee being in his cab, heading home after working in a bar in Edinburgh city centre.

Mr Fairley suggested Mr O'Connor's allegation about the A8 incident had been ignored by Central Taxis and taxi watchdogs because it was his word against Nolan's.

Mr O'Connor said he had wanted to ensure he had a "witness" when he made his other allegation.

The trial continues.

http://local.stv.tv/edinburgh/218540-st ... n-cabbies/

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PostPosted: Thu Mar 21, 2013 10:42 pm 
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What a poisonous lowlife scumbag this guy is, Joseph O'Connor.

Deary me...... #-o


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PostPosted: Thu Mar 21, 2013 11:20 pm 
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that evidence builds a history of behaviour

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PostPosted: Thu Mar 21, 2013 11:35 pm 
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It strikes me, that the only thing we really know, about this incident, is that Mr. Nekoo had a spat with Steven and then ended up under his taxi. How he got there is another question that still remains to be answered?

I think the prosecution is dredging the sewer when bringing in an alleged incident with Joseph O'Connor to make the case for murder. #-o

Quote:
Rival driver Stephen Nolan was cleared of making threats when advocate depute Douglas Fairley QC called his own witness a liar.




Enough said. #-o


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PostPosted: Thu Mar 21, 2013 11:35 pm 
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It strikes me, that the only thing we really know, about this incident, is that Mr. Nekoo had a spat with Steven and then ended up under his taxi. How he got there is another question that still remains to be answered?

I think the prosecution is dredging the sewer when bringing in an alleged incident with Joseph O'Connor to make the case for murder. #-o

Quote:
Rival driver Stephen Nolan was cleared of making threats when advocate depute Douglas Fairley QC called his own witness a liar.




Enough said. #-o


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PostPosted: Thu Mar 21, 2013 11:38 pm 
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Skull wrote:

I think the prosecution is dredging the sewer when bringing in an alleged incident with Joseph O'Connor to make the case for murder. #-o



I think you're right - but as I said - they're building a case

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PostPosted: Thu Mar 21, 2013 11:43 pm 
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captain cab wrote:
Skull wrote:

I think the prosecution is dredging the sewer when bringing in an alleged incident with Joseph O'Connor to make the case for murder. #-o



I think you're right - but as I said - they're building a case


I would describe the above, as an act of desperation, and tearing down your own case in the process. :-|


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PostPosted: Thu Mar 21, 2013 11:57 pm 
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Skull wrote:

I would describe the above, as an act of desperation, and tearing down your own case in the process. :-|


not so sure - depends on the recorded complaints against him now I guess - saying that - if he was a threat, why was he licensed - someone obviously believed he was fit and proper.

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