Issue 290 - TAXI Newspaper

More readers than the rest put together! 3 APRIL 2013 | TAXI 5
FEATURE
PEDESTRIAN ATTACK!
By taxi driver Nathan Marks, who was put on trial after being wrongly charged
with GBH for defending himself when he was attacked following an accident
Just before Christmas 2011, I was
coming towards the end of my shift,
when I picked up a couple to the
Groucho Club. I turned from
Shaftesbury Avenue into Dean Street
at about 11.30pm. Soho was buzzing
with seasonal revellers, and people
were spilling over from the footway
into the road. I slowed down to not
much more than walking pace, and as
I passed a guy in the road, I
accidentally clipped him with my
offside mirror.
There was no real impact, and it was
obvious to me that no injury had been
caused. Although it wasn’t my fault,
and he had basically walked into me, I
decided to pull up and check that he
was ok. But before I could get out of
the cab he rushed up to my open
window shouting angrily “why don’t
you look where you are going?” I replied
that it hadn’t been intentional, and
that he’d have been better off staying
on the pavement. He shouted in my
face “you’re for it now”, and started
searching in his wallet as if looking for
some sort of ID, or perhaps a warrant
card. I told him that I didn’t care who
or what he was, and that he shouldn’t
have been strolling down the middle
of the road.
A single blow
He flew into a temper and grabbed me
by the throat, he was a stocky
muscular type, and he pinned my
head back against the partition. I
banged my foot down on the
accelerator and surged forward
causing him to release his grip. I
immediately stopped the cab and got
out as he rushed up towards me. He
was obviously about to throw a punch
so I tried to stop him by grabbing at
his jacket. He was a strong guy, and as
we struggled I hit him with a single
blow. With that, a couple of people
intervened and he calmed down.
Much later, on the February 29, I
received a call to attend Belgravia
Police Station, where I was
represented by the LTDA. I was
interviewed under caution and told
that I had broken the ’victim’s’ nose
and fractured his cheek. I was then
charged with GBH, fingerprinted and
DNA swabbed. During the following
months the LTDA went to enormous
lengths to gather evidence to support
my case of self-defence. Because I
had not been arrested at the scene of
the incident, and the police had
taken weeks to contact me, all the
street CCTV recordings had
automatically been deleted by the
time the LTDA started its enquiries.
Never the less, the LTDA team
trawled through the Dean Street
shops and restaurants, in an attempt
to trace any private recordings which
might have assisted my case; but
none were available.
Trial by Jury
Following many lower court
appearances, my case eventually
came to trial before a jury on
November 19 last year at Isleworth
Crown Court, where I was
represented by Mr Tom Dunn.
The prosecution produced a socalled
independent witness who
stated, amongst other things, that the
pedestrian had at no time attempted
to intimidate me by pretending to
impersonate a police officer. But the
LTDA had traced my female
passenger, who was able to refute
that evidence. Tom Dunn’s cross
examination of the alleged victim
was brilliant; it would have put
Rumpole of the Bailey into the shade.
But he kept his killer blow ‘till last;
when he raised questions about the
victim’s drinking habits. The
response, as expected, was that he
only drank in moderation and most
certainly was not drunk on the night
in question; in fact, his drinking
preference was: “for a quiet night in,
with a glass of wine”. But his jaw
dropped when Tom produced a
record of his Facebook page, which
the LTDA legal team had uncovered.
It depicted him in a flamboyant
pose, taken with a group of friends
during a recent six night drinking
binge in Wales!
The jury quickly returned with a
not guilty verdict, and a great weight
was lifted from my shoulders. I can’t
thank the LTDA enough for the work
that was put into my case, and to say
that Tom Dunn was brilliant would
be a big understatement. n
SUPPORT OUR DRIVERS
The LTDA will pay the out of
pocket expenses and
compensate for lost time, any
drivers (members
or not) who attend
court to give
evidence on
behalf of an
LTDA member
Nathan Marks at Taxi House
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