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Charged Section 39 Act 1988 When I Called Police For Help As Taxi Man Attacked Me.

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Kyeb | 20:45 Mon 21st Jan 2013 | Criminal
29 Answers
On December 10th 2012 i was charged with common assault on a taxi driver.
I had returned from Valencia after going to visit my father who was ill with cancer whilst out there he died and it was a very painful awful death as he was at home with no pain relief and me and my family was helping him and nursing him till he died. As spanish have different laws and my mother could not afford to have him flown over we offered to pay she wanted him with her. So there is 72 hour law in Spain on turn around of funeral. Within one week I was sat with my father and then leaving my mother with his ashes. So this was an upsetting time.
On returning to England i arrived at stanstead Airport at 9pm I then went to a friends in Hitchinas my partner was working night shift and drank quite alot of wine as waqs upset. But this is not the nest thing to do I know nor other peoples fault i was over tired shocked upset and wanted a shoulder to cry on.
At 12:30 i went to the taxi rank opposite my friends house - ive used this taxi rank for 20 years and never any problems but recently a man was attacked upon the same reason as im about to explain. on getting into a taxi I noticed it said £6.80 then £7 before id left the taxi rank i asked how much to ickleford which is just down the road and he said £17 to £20 i argued with him ask him to stop taxi which was in taxi rank and he wanted £7 i said no he would not open the door so i pushed his arm and told him to open the door he then hit me on the side of me face i started crying saying id just lost my dad and was quite drunk and i pushed him back to let me out and screamed let me out let me out. i pressed the button to open central locking and got myself out and shouted to the taxi people behind hes attacked me. They did nothing and the taxi man vanished - I said im phoning the police. I did this from the taxi rank and they arrived but the taxi man reappeared with a cut on his face and had phoned the poilce saying another story saying i had gone up to taxi open hte door spat at him then attacked him from the window. This was not true. I was arrested taken to stevenage police station. They Would not listen to me they would not let me make a phonecall and made it for me and was rude to me. The police officer in arrest said i had crap in my pocket which was a cig butt to which i said i never throw my butts on the floor and i think you will find that it against the law. to which he replied i think put her in the blue suit which i had no idea what he was talking about. I was made to strip all my clothes off and wear a padded top and padded shorts. when in the cell i just cried and cried and cried. I had flesh dna, photgraphs, and fingerprints done in the morning and was put back in the cell. I was in the cell for 17 hours. I got a duty solicitor who turned up in the morning whilst we waited for the transport police who was not at the scence to come and interview me. He told me that the taxi driver was pressing charges for ABH and i said I would like to see the cctv as i knew he attacked me. I was in a bad state from father and to much wine but i know i did not do what the taxi driver made out.
I was released on bail till 15th Jan when i returned a different solicitor represented me from same company - they said they had looked at cctv and it did not show me doing what the taxi driver said and the solicitor was suppose to let me see this prior and defend my case but didnt.Im now on bail till 28th Jan 2012 and my solicitor has been very up supportive - I work as a support worker and if charged with somthing I did not do i will lose my job not be able to pay for my house/bills or look after my children. I really do not know what to do please can somone help as i know im innocent and my life can be over because of a nasty taxi driver and lack of community support and a bad solicitor. Thank you

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What's your complaint about the solicitor? Are you to be tried at the next hearing? So far, the police have acted on what evidence was available to them at that time; a complaint and an injured man, which is consistent with his being assaulted. How you were treated at the police station is exactly how anyone arrested is treated in similar circumstances. You...
22:10 Mon 21st Jan 2013
Question Author
yes that is another problem of which i have been on the phone this evening to with my mother. She does need help in Spain she is bombarded with paper work and i have been out there as much as i can to help her but she is having many problems and dealing with losing a husband a soul friend and father to us. It has been a very difficult time as was so sudden. He died very suddeny after an operation that was to sustain him for at least another 6 months but on his death it caused for his throat to rip in many places from the stent they had out in that all his lungs stomach came out his mouth and other organs from his bowels followed by a dying process. this all happened with in two days - sorry to write this on here but i just want to give some idea of what had to see my father go through as well as see him suffer and lose him. we know that you can bring him on ryan air over here for a proper blessing but there is a lot of paperwork plus my mum and dad are not married but been together for 40 years this makes alot of problems for my mum in terms of pension, banks all sorts. thank you for your kind reply
As said IF this gets as far as court it will be a small fine at most , quite possible that it will be dropped or you get a conditional discharge. Basically you have other things to worry about at present so just put this out of your mind for now.
Question Author
thank you Eddie - just so worried about charge of common assault as this will mean i will lose my job as i have to have enhanced disclosure CRB and I will most certainly be struck off and I love my job and need this in order to go and see my mother as much as I can. thank you again
Keyb, Your solicitor will answer all these questions for you and advise you based on all the facts including the issues about the cctv evidence.

IF the photographic evidence is inconsistent with the allegation then they will know what to do and how to deal with any possible counter-complaints.

The pushing of some one may technically be an assault but doesnt necessarily make it unlawful and the dispute over the fare could be civil. Ask your solicitor.
//on his death it caused for his throat to rip in many places from the stent they had out in that all his lungs stomach came out his mouth and other organs from his bowels followed by a dying process//

that's dreadful, it sounds like something out of a horror film
Question Author
thank you orderlimit this is how i feel about the matter.You have been of great help to me and humbersloop they were the exact words we used when we saw what happen to my dad is was like somthing from a horror movie it was awful just awful it was like somthing rising from the grave and to see my father end like that will stay with me for ever.It was like nothing you have ever seen his last words were him asking for his mum then his throat and stomach insides bowels liver and breathing all went as i said. thank you both for your replys x
dear me

did they manage to get all of him into the coffin, do you know?
Question Author
the coffin was the size of a childs it was very small and thin and not nice.x
Kyeb you mentioned being struck off
and I have a think about that. I have concluded that you arent a junior doctor but there are still a few other professions that keep a register.

In that case - you need to defend the case no matter what this costs. Any conviction will be referred to your prof body and you cannot then argue that you didnt do it.

The other thing is whether you are in a union. They wont defend the case for you (most times) but may give you support.
It depends on the rep - some are a little like Boxie - you've done it so what do you want me to do but others may roll up their sleeves and pile in.

Accepting a caution also means that you will be referred to your professional body if there is one. That is because accepting a caution means that you admit you have done it.

So it seems that you are stuck with defending it. Get a solicitor you have confidence in.

and good luck

You have learnt the hard way that people behave oddly and out of character in and around funerals.

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