Convicted killer and wannabe black taxi driver Shamsul Haque will take his licence fight to the High Court after his appeal was thrown out today by magistrates who ruled: "A risk to the public remains."
The 38 year-old paranoid schizophrenic, who strangled his wife nine years ago drove unsuspecting Londoner's around in his mini-cab for nearly two years and even began learning ‘The Knowledge’ in a bid to earn a black cab licence.
Negative publicity forced the Public Carriage Office (PCO) to revoke his private hire licence and do a U-turn on their decision to allow him to join the 'Knowledge' programme.
He did not appear at City of London Magistrates’ Court where he failed to win back both his mini-cab licence and rookie black cab licence.
Bench Chairman Rodney Brody announced: "The safety of the traveling public has to be paramount.
"His conviction for manslaughter was most serious and must be relevant. A risk to the public remains."
The PCO publicly admitted during the hearing errors were made in their decision-making.
Haque pleaded guilty to the manslaughter, of Asiya, 23, on the grounds of diminished responsibility, and on January 29, 2001 was sentenced at the Old Bailey to indefinite detention under the Mental Health Act.
On June 2, 2003 a mental health tribunal recommended his release and Haque walked free on October 3, 2003.
He was fined £15 for gross indecency in 1991 and in 1998 he was conditionally discharged for assaulting a police officer.
On June 18, last year he was cautioned by police for slapping his 13 year-old daughter across the face when she failed to wash her dinner plate.
Shortly after his release from custody Haque travelled to Bangladesh in 2004 and remarried.
On September 28, 2007 the PCO allowed him to enter the 'Knowledge' programme and shortly afterwards granted his application for a mini-cab licence which he held until September 23, last year.
Remarkably Haque's lawyer Miss Abigail Bache told magistrates they could ignore the fact Haque killed his wife when deciding if he was a "fit and proper person" to hold a licence.
"His conviction in 2001 for manslaughter is not a material consideration because it is part of his disability and any decision based on it would be unlawful. It is not part of his character, it is part of his disability."
She claimed it would be discriminatory to rule against Haque based on the fact he was a diagnosed paranoid schizophrenic.
Psychiatrists confirm Haque remains on anti-psychotic medication, but they could not rule out stress or changes in his drugs regime triggering a relapse.
The PCO's lawyer Mr. Guy Ladenburgh conceded the office made an error when granting Haque the licences and the case resulted in guildlines being updated to recommend only in "exceptional circumstances" should applications from killers be considered.
"We concede that decision was incorrect, a mistake was made," he told the court.
Miss Bache confirmed her client would now seek a Judicial Review.
At least one woman examiner 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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