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PostPosted: Sun May 05, 2024 8:12 pm 
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Black cab driver who fled a fatal midnight hit-and-run and continued picking-up passengers in his damaged taxi as his victim lay dying in the road collapses as he is jailed for four months

https://www.dailymail.co.uk/news/articl ... onths.html

A black cab driver, who fled a fatal midnight hit-and-run and continued picking up passengers in his damaged taxi as his victim laid dying in the road, collapsed as he was jailed for four months.

London cabbie Farid Cheheb, 60, fatally injured Irish barman Shane Scannell, 44, who died in hospital four days later surrounded by his devastated family.

Cheheb, of Drummond Gardens, Epsom, Surrey, pleaded guilty to failing to stop after a road accident in nearby South Street on May 21, 2023.

The man, who was born in Algeria, was not charged with a more serious offence as a forensic police investigation found no fault with his driving.

As he was sentenced to four months imprisonment, and handed an eight month driving ban, Cheheb collapsed in the dock at Staines-upon-Thames Magistrates' Court, and was eventually taken away in an ambulance for an hour of medical attention.

Prosecutor Amanda Burrows told the court on Thursday: 'Very tragically it was the consequences of this defendant's actions that led to the death of Shane Scannell.

'Mr Cheheb was driving his black London taxi in Epsom town centre, collecting a fare from the railway station around midnight and taking the customer to Pine Hill.

'After dropping off the passenger he was driving in South Street, Epsom when he collided with a pedestrian, Mr Scannell, who had left McCafferty's public house at around midnight.'

The Tralee man, who was a keen Liverpool FC fan, worked at the pub and in her victim impact statement his sister, Jill Dawe said: 'Emotionally, the impact of Shane's death has devastated our family.'

Police officers investigating Mr Scannell's death 'considered a number of possible scenarios', the court was told, eventually concluding it was 'very unlikely' the victim had been 'upright and on two feet'.

'Maybe he had fallen and was in the process of getting to his feet when the vehicle collided with the victim and left him with traumatic injuries,' the prosecutor said.

'Very quickly after the collision members of the public became aware of Mr Scannell in the road and he was attended to fairly rapidly after the impact and taken to St. George's Hospital, south-west London.

'Police made enquiries and traced the vehicle back to this defendant,' said Ms Burrows. 'There was damage to the vehicle consistent with the accident and he was arrested and interviewed.

'He said he was aware of the impact and thought he had hit a deer or a fox, but this was not accepted by the officers because the visibility should have allowed him to see what he had collided with.'

Mr Scannell's sister added said that the loss of her brother had taken a mental toll on all of her family.

'On the night of May 21 my brother, who was walking home, was involved in an incident whereby he was struck by a moving vehicle and died,' she said. 'My brother suffered abhorrent injuries, which left him almost unrecognisable to his family.

'On the morning of May 21 at 2.30am I was woken by a police officer, who stated that my brother had been involved in an accident and they needed to take me via blue lights to St. George's.

'On arrival at the hospital I was told that ultimately my brother was going to die and at any moment could suffer a cardiac arrest and would not be revived. He died after life support was removed surrounded by his immediate family.

'My mother lost her only son and I lost my only brother and my children lost their uncle. We are struggling to cope with his loss and we find ourselves constantly overwhelmed, anxious and depressed.

'Mentally the loss of my brother has taken a toll on us all and it is difficult to find purpose in our lives in the wake of the tragedy. We are struggling to find a way forward, sleep is disturbed, there are nightmares and we are struggling to cope with the emotional and mental challenges.'

Father-of-two Cheheb has been in the UK for thirty years and his wife works for the NHS, but he is no stranger to the courts with a 2009 offensive weapon conviction and one for assault in 2017.

Cheheb's official Hackney Carriage Licence, which allows him to work and drive a black cab has been suspended for ten years.

His lawyer Suzy Wainscoat told the court: 'Mr Cheheb accepts his responsibility for the tragic incident and extends his condolences to Mr Scannell's family and expresses remorse and regret for his actions.

'It is not suggested he was at fault with the standard of his driving. He was not speeding, he was not using his electronic devices, which the police have checked.

'He was not under the influence of drugs or alcohol and he continued to work for a short period afterwards. Mr Scannell was not run over. He was at a low level to the ground, that is the police evidence.'

Cheheb's lawyer described him as a 'well known and respected person in Epsom' that had been doing the 'train run' in the town for the last twenty years.

'He has lost that through the gossip of the local taxi rank and lives with the guilt to this day,' the lawyer said.

'He has worked hard and led a decent life and contributes to the local community,' added Ms Wainscoat. His actions were out of character, he is a responsible driver that takes pride in his work.

'He did not think clearly and maybe he was in shock at the time and tried to carry on as if nothing had happened.

'He recognises he is at significant risk of custody and has been effectively housebound since this accident and has not worked and led a rather reclusive life, staying at home.

'His actions were through lack of thinking rather than a deliberate act of striking Mr Scannell and he hopes to return to driving eventually.

'Mr Cheheb did not feel he should have been driving due to the shock of this incident, but it is the only way of earning a living for his family and is his only skill.

'He has the respect of regular customers who would come to him by name until this incident.

'He would suffer mentally from custody and in their pre-sentence report the probation officer recommends longer rehabilitation.'

District Judge Julie Cooper told Cheheb the circumstances of the offence were so serious only an immediate custodial sentence could be justified.

'The police investigation shows you would have seen Mr Scannell in the road for ten metres. He was not upright, he may have tripped over or was bending down to pick something up, who knows?

'When you knew you had hit something you should have stopped to see what it was, even if it was an animal which you are not required to stop for, but could have called the RSPCA.

'You did not know what you had hit, but it could always be a person. It would take just seconds to see what you had done, but you carried on and picked up two more fares.

'This accident left a man dying in the road to the horror of his family and knowing he was left in that state will weigh heavily on them.

'I cannot pass sentence today other than a custodial one and that must be immediate. I cannot suspend that sentence.

'I am aware of the impact of a custodial sentence on both yourself and your family and I am also aware of the impact on the family of Mr Scannell.'

At this point Cheheb collapsed to the floor of the dock and remained breathing, but unresponsive for some time as police and custody staff attended to him.

'He has collapsed in the dock. We need an ambulance, call 999 straight away,' announced District Judge Cooper.

After the tragedy McCafferty's announced: 'To say that we are deeply saddened by the tragic loss of Shane Scannell would probably be the understatement of the century.

'Shane was a friend to many of us here and a massive part of the McCafferty's team. As many will agree, he was possibly the biggest Liverpool supporter known to mankind, always up for the craic and always with a smile.'

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PostPosted: Sun May 05, 2024 8:13 pm 
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Quote:
Father-of-two Cheheb has been in the UK for thirty years and his wife works for the NHS, but he is no stranger to the courts with a 2009 offensive weapon conviction and one for assault in 2017.

And TfL still licensed him? :-k

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PostPosted: Sun May 05, 2024 9:55 pm 
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Sussex wrote:
Quote:
Father-of-two Cheheb has been in the UK for thirty years and his wife works for the NHS, but he is no stranger to the courts with a 2009 offensive weapon conviction and one for assault in 2017.

And TfL still licensed him? :-k



does Epsom come under TFL ? or was he licensed by Epsom and Ewell borough ?

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PostPosted: Sun May 05, 2024 11:38 pm 
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Other than the Daily Mail's description 'London cabbie', nothing at all in article to suggest he's a TfL yellow or green badge holder. I'd guess the description is incorrect. It's maybe because it was stated in court that he was driving his 'black London taxi', and because Epsom and Ewell seems to border the TfL area.

Anyway, he sounds like a fun guy - this is when police found the offensive weapon in his car in 2009, but he was cleared of assault with a screwdriver at that time :-o


Taxi driver cleared of assault in 'can of Coke row'

https://www.getsurrey.co.uk/news/local- ... an-4822156

A TAXI driver who stabbed a colleague with a screwdriver after a row over a can of Coke has been cleared of assault.

A TAXI driver who stabbed a colleague with a screwdriver after a row over a can of Coke has been cleared of assault.

The spat broke out in December last year at Viceroy Cars, Epsom, after Farid Cheheb put down his drink and fellow cabbie Abdelila Hamdi used it as an ashtray to stub out his cigarette.

Guildford Crown Court heard that a third driver then told Mr Hamdi that Cheheb was planning to scratch his car in revenge, and the pair got into a fight ending with the defendant plunging the tool into his colleague’s arm.

Cheheb, of Drummond Gardens, Epsom, claimed he was acting in self-defence and walked free from court after being unanimously cleared of assault causing actual bodily harm.

The court head that on March 20 this year, Mr Hamdi was told by another driver, Ben Achille, that Cheheb was going to scratch his car.

Four days later they were both working together and Mr Hamdi challenged Cheheb who "immediately became aggressive" and pulled out the weapon, prosecutor Wendy Cottee said.

Mr Hamdi told the court that they were arguing and he was punched in the face before his co-worker reached into his pocket, at which point he raised his hands to protect himself.

He said: "He just went for me. I thought he had a knife. I felt sharp stabs and I pushed him away, when he saw the blood he ran."

The Moroccan driver was left with five puncture wounds along his arm.

Cheheb, who was arrested near the scene, accepted that he caused the injuries but said it was only after his colleague had grabbed him by the neck.

He told the jury that it was Mr Hamdi who flew off the handle after falling for the lie of Mr Achille who was always trying to "stir things up".

He said: "Mr Achille was just a troublemaker and we were not talking.

"I said to him [Mr Hamdi], 'You should not believe him [Mr Achille], you know what he is like'.

"We went into the office and he said ‘If you want a fight, let's go outside’. I said ‘Don’t be childish, let's talk'."

Cheheb then claimed Mr Hamdi grabbed him by the neck, pushing him up against the wall.

He said: "I was choking. I said ‘Take your hand off me’ and then I said it a second time and he told me he was going to kill me."

Cheheb said he then reached into his pocket for his car keys but found a screwdriver he had been using to fix his daughter’s toy and stabbed it into Mr Hamdi's arm to free himself.

He said: "I tried to save my life."

Cheheb pleased guilty to possessing an offensive weapon after police found an extendable metal baton near his car when he was arrested. He was conditionally discharged for two years.

George Zachary, defending, said: "There had been an incident in the past with a customer and he had it [the baton] with him in the car for self protection.

"He has already suffered considerably because of this, he lost his job and his taxi licence and has been struggling to find work. He is currently working part time as a pizza delivery man."

Judge Christopher Critchlow said: "Sometimes taxi drivers get attacked in the course of their duty but the law didn’t permit you to carry that baton.

"As a result of the earlier incident you have suffered considerably in a financial and personal way because of the shame of losing your licence.

"There has been considerable punishment inflicted upon you already."


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PostPosted: Sun May 05, 2024 11:39 pm 
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So he had the offensive weapon rap in 2009, but was cleared of the screwdriver assault at that time.

But he lost his badge over the offensive weapon thing. Wonder when he got it back? Then there was the assault conviction in 2017, and then he presumably had a badge last year when the hit-and-run happened.

But I'd guess all that underlines that he wasn't TfL-licensed :?


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PostPosted: Mon May 06, 2024 2:13 am 
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By way of comparison, a similar incident in Glasgow from 2012 -

https://www.pressreader.com/uk/the-hera ... 3196056308

THE parents of a young man who was run over and killed by a taxi driver, who did not see him lying in the centre of the road, have vowed to take legal action against the man. Mr Madden, 50, said his death has devastated their lives. Their son, who did not have proof of identity on him, was so badly injured that he had to be identified by police from fingerprint and dental records.

Kieron Madden, 20, died instantly when the vehicle struck him after he carried out the dangerous act in an effort to force a cab to stop and give him a lift home from a night out in 2012.

Mr Madden had earlier been refused taxis because of he had been drinking. He was struck by a private hire cab driven by George Smith in Glasgow. Mr Smith said that he did not see him lying in the road. Jurors heard Kieron had been dragged under the car and Mr Smith had stopped when he saw the victim’s white trainers sticking out from under the vehicle.


The jury cleared the PHC driver of causing death by dangerous driving - he didn't fail to stop as in the Epsom case. Not sure of the outcome of any civil case.


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PostPosted: Mon May 06, 2024 12:54 pm 
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Thought I'd read about that Glasgow PHD, but maybe I'm thinking of something more recent - pretty sure I recall a fairly recent case about someone literally lying in the road, and of course plenty similar cases involving people just walking or running out in front of approaching traffic, and for obvious reasons it's often HCDs/PHDs involved.

But, I mean:

Quote:
On the night he died, the 20-year-old labourer had spent ages trying to hail a taxi in Glasgow's Saracen Street in the Possil area but they refused to pick him up because he was drunk.

He made the fatal mistake of lying down on the road in the hope that someone would stop and give him a lift home to Carntyne but instead a passing taxi driver ran over him.

But, of course, it's all the driver's fault:

Quote:
"We were horrified when we heard the detail of what happened. Kieron had been run over and dragged 13 metres under the car. The driver didn't even stop until he saw his white trainers in the mirror and he was at the traffic lights."

How quickly was the driver expected to stop? 13 metres doesn't seem very far at all, even if it was a 20mph zone (which it probably wasn't).

And, with regard to stuff like this, it would be interesting to ask members of the public to point out on a road how far 13 metres actually is - I suspect the results would be all over the place. (It's actually between two and three car lengths. The Highway Code stopping distance at 30mph is 23 metres, and 36 metres at 40mph. In fact a TRL study using more realistic thinking distances came up with 34 metres at 30 mph and 51 metres at 40 mph :-o )


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PostPosted: Mon May 06, 2024 12:56 pm 
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But a little knowledge is a dangerous thing, as people used to say. Ditto the hundreds of comments about the Epsom driver on the Mail's website. Most seem to be up in arms about the four month jail sentence, and seem to assume the collision was the driver's fault, while in fact police attributed no blame to him - if he'd actually stopped he would have been in the clear :-|

(I think this is much the same Glasgow article as the PressReader one Mr XH558 posted above, but seems to be rewritten in some regards. But it's at least copy and paste-able - don't know about everyone else, but I can never copy the Press Reader stuff :?

https://www.heraldscotland.com/news/131 ... ath-night/ )


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PostPosted: Mon May 06, 2024 6:59 pm 
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That fella should never have got his taxi license back.

He sounds like an out-and-out nutter.

Some people might say he has received delayed justice by being sent to custody.

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