Tuesday 15 December 2009

Killer Cabbie's Licence Bid


Convicted killer and wannabe black taxi driver Shamsul Haque began his appeal today against a “high level” decision to reverse granting him a mini cab licence, after nearly two years of driving unsuspecting passengers around London.

The 38 year-old paranoid schizophrenic, who strangled his wife nine years ago, had even begun learning ‘The Knowledge’ in a bid to earn a black cab licence.

He did not appear at City of London Magistrates’ Court, but was represented by a legal team challenging the Public Carriage Office’s (PCO) decision to withdraw his mini-cab licence.

The PCO publicly admitted during the hearing errors were made in their decision-making.

Haque pleaded guilty to manslaughter, of Asiya, 23, on the grounds of diminished responsibility, and in January 2001 was sentenced at the Old Bailey to indefinite detention under the Mental Health Act.

He was released in 2003 and worked legally as a mini-cab driver for nearly two years after being granted a licence, which was later revoked.

“It’s a high-profile case involving a paranoid schizophrenic who killed his wife and was refused a licence,” Mr. Kevin Baumber, representing the PCO told the court.

“A decision was made and then reversed and there were some faults in the earlier decision that we will explain.”

The court heard Haque’s initial application and subsequent appeal for a mini-cab licence was refused, but an independent commission granted one.

“He was driving for two years and then it was taken away,” explained Mr. Baumber. “There was a review after a complaint was made.”

The case was adjourned for a two-day hearing beginning on April 26, next year when the Director of the PCO, John Mason, will give evidence.

“It seems sensible that the Director attends. A decision was made at a very high level,” said Haque’s lawyer Miss Amanda Jones.

There are concerns that Haque still poses a threat to women despite his protestations that his schizophrenia has been brought under control by drugs and he was cautioned by police in June for assaulting his daughter.

At least one woman examiner has refused to be in the same room as the convicted killer and the case has led to a row within Transport for London and the Public Carriage Office, which regulates the black cab trade.

A number of examiners at the PCO have said they were appalled when they learned of Haque's past.

Under offender rehabilitation laws his manslaughter conviction is now 'spent' and barring him could lead to a court action citing either restraint of trade or Human Rights Act violations.

His Old Bailey case was described as “tragic” by Judge Michael Coombe, who heard Haque told relatives after killing his wife: “I sent her to heaven because I love her so much.”

It is understood Haque unsuccessfully tried to sue Transport for London when he was originally refused a minicab licence.

However, that case took place within three years of his original release from detention in 2003 and the authority was then within its rights to reject his application.

In the past, Transport for London has successfully used the Rehabilitation of Offenders Act to block certain candidates wishing to drive a black cab.

Under the rules any conviction which earns a jail sentence of more than two and a half years can never be 'spent'.

Normally this would cover a conviction for manslaughter but detention under the Mental Health Act becomes 'spent' after five years.

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