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News has come to me of yet another case where an incident in a cabby's private life has intruded on his professional life.
This time the cabby was on a night out, just trying to get home, when he challenged the cabby who fell below the standard of knowing where he was going.
One thing led to another, insults were hurled between the two and in the verbal melee a reference was made about the country of the driver's origin and the fact that he was a vaginal orifice; not nice perhaps, but a sincerely held view nevertheless given the circumstances no doubt.
Yes, not nice, but the Court, unchallenged by the driver's brief, accepted this as a racial slur. Notwithstanding this, it could be argued that the elements of the slur were a simple statement of fact, and a legitimately held opinion, rather than a naked racial slur.
(It seems to me that continued application of the Law to deal with these matters in this way is certain to make the warnings in Enoch Powell's famous "Rivers of blood" speech happen rather than the mistaken political view we like to think it is. The authorities seem to be just plain getting the temperature wrong.)
Anyway, this driver's difficulty was exacerbated by the fact his brief did a deal, All other charges would be dropped if he pleaded guilty to the racial abuse. Big mistake! The brief gets his fee, the PF gets his conviction rate boosted by another notch on his belt, the Court gets satisfaction of its job done and the cabby gets handed down a fine; shafted.
Except, for the cabby it doesn't end there. Unlike other members of the public, this cabby is immediately shown that the equality before the Law we're all supposed to enjoy doesn't apply to him. Because he's destined to be hauled before his council's licensing committee to be sentenced for a second time. And it could mean him losing his licence and his livelihood. How is this fair? To be punished twice for an incident that was not even of his making.
Two things should be pointed out. But keep in mind that I abhor any form of racism, or the unequal treatment of anyone.
First, ethnic minorities in our nation play the race card. They do it knowing that authorities tripping over themselves to pander to them to maintain "racial harmony" will accord them the benefit of the doubt whenever an incident occurs. And that the authorities will accept their word whether true or not. Which means that the rest of us are placed in peril by authorities' actions to do us down. We're now second class citizens in our nation whenever the race card is played.
Second, and this should serve as a warning to us all. Lawyers are not about truth, justice and the best outcome for the client. They are simply about making money in a commercial market.
The brief in this case had no concern for the outcome for this driver. Else he would not have allowed a situation to prevail where the cabby would be compromised in his dealings with his licensing authority. And any half decent brief would have realised the negative potential his deal with the Court on his client's behalf would have had on him. It's not rocket science.
The deal with the PF in this case ticked everyone's box, apart from the cabby. Now, we already know the score, and perhaps this cabby should have, but his brief certainly should have. Were I in this cabby's position now I would be contacting the Law Society to make formal complaint about this brief's poor service and professional misconduct in not dealing with the cabby's full legal needs in this matter.
But ultimately where this leads is that we are long overdue for disciplinary matters to be removed from licensing authorities. Their job should be to simply administer the licences, set tariffs etc., with a separate body, comprised of individuals - who have legal experience and understand the laws pertaining to Licensing Law, Theft, Road Traffic laws etc as well as the rules of evidence and equal Human Rights - to independently assess each case and to deliberate and make proper and fair decision, without grace, favour political bias or competing vested interest.
The way council Kangaroo courts currently operate is a disgrace, a sop to the rights of the individual and testament to the fact that we live in a nation that is riddled with the cancer of institutional fascism.
We need to wake up, smell the coffee and force this change.
_________________ Skull, "You are a police inspector, aren't you?" Cab Inspector Smith, "Yes." Skull, "So, are you going to tell Mr Taylor what his rights are?" Smith, "And ... What rights?"
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