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PostPosted: Mon Jun 04, 2018 1:13 am 
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Guernsey driver who dragged man beside car guilty of assault

https://guernseypress.com/news/2018/05/ ... f-assault/

TAXI driver Glen Pontin did drive off at speed, recklessly dragging his customer behind him and then left the injured man on a deserted petrol station forecourt in the early hours, it was ruled in the Magistrate’s Court yesterday.

Pontin, 56, of Rushford, Les Abreuveurs Road, St Sampson’s, had denied assaulting visiting musical performer William Bracey and the alternative of dangerous driving, as well as a charge of failing to stop after accident.

But Judge Graeme McKerrell said he did not believe Pontin and found him guilty of assault and failing to stop.

The incident happened at about 2am one night last August.

Mr Bracey was drunk and was sick in Pontin’s taxi. They went to Doyle Motors so the victim could pay Pontin £300 for the loss of earnings and damage.

However, Mr Bracey did not have enough money is his account and the pair spent a long time talking – Pontin in the driver’s seat and Mr Bracey getting in and out of the car.

Pontin argued that he had felt threatened by his passenger and was worried he would get violent, which was the reason for pulling away.

But this was rejected by Judge McKerrell.

‘I have no doubt that Mr Bracey was being a complete pain on the night,’ he said.

But he said the CCTV footage did not show Mr Bracey getting violent. Pontin was also seen to look down to get a business card and to take his time putting his seatbelt on. Judge McKerrell said this showed that the taxi driver was not feeling threatened or in danger.

Mr Bracey was seen getting in and out of the car and Judge McKerrell said he did not accept Pontin’s account that he believed Mr Bracey had stepped away from the vehicle.

‘He may not have wanted to cause harm to Mr Bracey, but he must have foreseen some risk that he would do so,’ he said.

He accepted Mr Bracey’s account that his arm was inside the car when the vehicle pulled off, with the passenger door open, leading to him being dragged across the forecourt.

He noted that Pontin had stopped only to shut the passenger door once the victim was disengaged from the vehicle.

Pontin had claimed he was unaware that Mr Bracey was dragged behind the car. Mr Bracey suffered a dislocated shoulder and grazes down his left side.

Judge McKerrell said if dangerous driving had been placed as a separate charge, rather than an alternative, he would have found Pontin guilty of that as well.

The case was adjourned to July to allow for a probation report to be prepared before sentencing.

A guilty plea was entered to a separate count of failing to stop at a traffic light, an offence which was committed in March.


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PostPosted: Mon Jun 04, 2018 1:17 am 
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Quote:
Mr Bracey was drunk and was sick in Pontin’s taxi. They went to Doyle Motors so the victim could pay Pontin £300 for the loss of earnings and damage.


If I was getting £300 for a sickie I'd be targeting the drunks rather than the sober folk.


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PostPosted: Fri Jul 13, 2018 10:33 am 
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Guernsey taxi driver’s licence at risk after year-long ban

https://guernseypress.com/news/2018/07/ ... -long-ban/

A TAXI driver has been banned from driving for a year and put at risk his livelihood after dragging a drunken passenger with his vehicle across a petrol station forecourt, and then failing to stop to help him.

Glen Pontin had denied recklessly assaulting William Bracey and failing to stop after an accident, but was found guilty at a Magistrate’s Court trial.

As well as the driving ban, he will also have to complete 120 hours of community service.

In sentencing, Judge Graeme McKerrell said while the drunk passenger might have been a ‘taxi driver’s nightmare’, that was no reason for Pontin’s actions, which had put the victim in danger.

‘You may have acted out of character, but this was a clear and obvious risk you took,’ he said.

During the trial, the court heard how Pontin had picked up musical performer William Bracey in Town in the early hours of the morning.

The performer had been drinking heavily and threw up in the vehicle.

Pontin drove him to a cashpoint at Doyle Motors so he could withdraw money to pay £300 in compensation, but Mr Bracey did not have enough.

After an argument, Pontin drove off, dragging Mr Bracey alongside the vehicle before leaving him injured in the dark forecourt.

The victim suffered grazes and a dislocated shoulder.

Pontin had argued that he thought Mr Bracey had stepped away from the vehicle, but during the trial the judge noted that the defendant had closed the passenger door only after the victim had become disengaged from the car.

Again in sentencing, Judge McKerrell noted that he did not believe Pontin’s argument that he had been scared of the passenger, noting that Pontin had been talking with the man and had put his seatbelt on before driving off.

‘This was not a case of you fleeing to protect yourself,’ Judge McKerrell said. ‘You were annoyed.’

He also noted that Pontin had callously contacted the victim’s employer the next day to try and get the money he felt he was owed.

Defence advocate Sarah Brehaut said the assault should be treated similar to a single-blow offence.

‘It was a reckless assault.

‘It was not intentional. My client showed his remorse. He never wanted to hurt Mr Bracey and he was very upset that this has occurred.’

She said there had been an outpouring of support for the taxi driver, with islanders relying on him to drive their families and staff.

She added that if a disqualification was more than a month, there was a risk her client would lose his taxi licence.

Pontin, 56, of Rushford, Les Abreuveurs Road, St Sampson’s, had previously pleaded guilty to a separate offence of ignoring a red light.

The court heard how a police car had pulled up behind Pontin’s taxi outside the the Herm Trident kiosk just before midnight. While the light was still red, Pontin had driven off.

In terms of running the red light, she said her client had mistaken the green pedestrian light for his indication to go. He had been aware of the police car behind him and had not intentionally ignored the signal.

n Pontin was sentenced to 120 hours community service for the reckless assault, which is to run concurrent to the 60-hour community service handed down for failing to stop.

He was banned from driving for 12 months for failing to stop. A one-month driving disqualification for the red light matter will also run concurrently.


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PostPosted: Fri Jul 13, 2018 10:34 am 
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Quote:
The performer had been drinking heavily and threw up in the vehicle.

Pontin drove him to a cashpoint at Doyle Motors so he could withdraw money to pay £300 in compensation, but Mr Bracey did not have enough.

After an argument, Pontin drove off, dragging Mr Bracey alongside the vehicle before leaving him injured in the dark forecourt.


Still intrigued by this £300 sickie charge.

I wonder how much the driver was actually offered?


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PostPosted: Fri Jul 13, 2018 6:50 pm 
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Location: 1066 Country
StuartW wrote:
I wonder how much the driver was actually offered?

Quite possibly sweet f*** all.

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PostPosted: Fri Jul 13, 2018 8:40 pm 
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Sussex wrote:
StuartW wrote:
I wonder how much the driver was actually offered?

Quite possibly sweet f*** all.


It certainly reads like he was offered something, and it also reads like it was a significant sum, maybe the sort of money that the vast majority of drivers would be happy with.

Just wondering about the sort of money the driver thought it worth causing such a fuss about, because to me asking for £300 is just silly money [-(

Quote:
Mr Bracey was drunk and was sick in Pontin’s taxi. They went to Doyle Motors so the victim could pay Pontin £300 for the loss of earnings and damage.

However, Mr Bracey did not have enough money is his account and the pair spent a long time talking – Pontin in the driver’s seat and Mr Bracey getting in and out of the car.


No sign of any soiling charge on the Guernsey tariff card though - wouldn't be surprised if they introduce one after this.

Slightly odd tariff structure though - they've got three tariffs, depending on number of passengers:

- 1-4 passengers

- 5-7 passengers

- 8 passengers

Wonder what's so significant about the eight person that merits a whole new tariff level? :-k

https://www.gov.gg/CHttpHandler.ashx?id=107193&p=0


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PostPosted: Sat Jul 14, 2018 7:43 pm 
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Never ever try and work out the rationale behind anything that happens in the Channel Islands.

It's the land time forgot, other than the billionaire tax exiles.

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PostPosted: Sun Jul 15, 2018 5:18 am 
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Sussex wrote:
Never ever try and work out the rationale behind anything that happens in the Channel Islands.


Substitute 'the Channel Islands' with 'taxi licensing' and I hear what you're saying.


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