Court Arrival: Cheheb |
Algerian-born Farid Cheheb, 60, had fatally injured Irish barman Shane Scannell, 44, who died in hospital four days later surrounded by his devastated family.
When sentenced to four months imprisonment the cabbie collapsed in the secure dock at Staines-upon-Thames Magistrates’ Court and was eventually taken away in an ambulance after nearly an hour of medical attention.
Cheheb, of Drummond Gardens, Epsom, Surrey pleaded guilty to failing to stop after a road accident in nearby South Street on May 21, 2023 and was also disqualified from driving for eight months.
He was not charged with a more serious offence after a forensic police investigation found no fault with his driving leading up to the tragedy.
Prosecutor Amanda Burrows told the court: “Very tragically it was the consequences of this defendant’s actions that led to the death of Shane Scannell.
“Mr Cheheb was driving his black London taxi in Epsom town centre, collecting a fare from the railway station around midnight and taking the customer to Pine Hill.
“After dropping off the passenger he was driving in South Street, Epsom when he collided with a pedestrian, Mr Scannell, who had left McCafferty’s public house at around midnight.”
The Tralee man - a keen Liverpool FC fan - worked at the pub and in her victim impact statement his sister, Jill Dawe said: “Emotionally, the impact of Shane’s death has devastated our family.”
“He was walking home and the investigating police officers considered a number of possible scenarios,” explained the prosecutor. “They concluded it was very unlikely he was upright and on two feet.
“Maybe he had fallen and was in the process of getting to his feet when the vehicle collided with the victim and left him with traumatic injuries.
“Very quickly after the collision members of the public became aware of Mr Scannell in the road and he was attended to fairly rapidly after the impact and taken to St. George’s Hospital, south-west London.
“Police made enquiries and traced the vehicle back to this defendant,” said Ms Burrows. “There was damage to the vehicle consistent with the accident and he was arrested and interviewed.
Tragedy: Shane Scannell |
Mrs Dawe continued: “On the night of May 21 my brother, who was walking home, was involved in an incident whereby he was struck by a moving vehicle and died.
“My brother suffered abhorrent injuries, which left him almost unrecognisable to his family.
“On the morning of May 21 at 2.30am I was woken by a police officer, who stated that my brother had been involved in an accident and they needed to take me via blue lights to St. George’s.
“On arrival at the hospital I was told that ultimately my brother was going to die and at any moment could suffer a cardiac arrest and would not be revived.
“He died after life support was removed surrounded by his immediate family.
“My mother lost her only son and I lost my only brother and my children lost their uncle.
“We are struggling to cope with his loss and we find ourselves constantly overwhelmed, anxious and depressed.
“Mentally the loss of my brother has taken a toll on us all and it is difficult to find purpose in our lives in the wake of the tragedy.
“We are struggling to find a way forward, sleep is disturbed, there are nightmares and we are struggling to cope with the emotional and mental challenges.”
Father-of-two Cheheb has been in the UK for thirty years and his wife works for the NHS, but he is no stranger to the courts with a 2009 offensive weapon conviction and one for assault in 2017.
His lawyer Suzy Wainscoat told the court: “Mr Cheheb accepts his responsibility for the tragic incident and extends his condolences to Mr Scannell’s family and expresses remorse and regret for his actions.
Court Departure: Cheheb |
“It is not suggested he was at fault with the standard of his driving. He was not speeding, he was not using his electronic devices, which the police have checked.
“He was not under the influence of drugs or alcohol and he continued to work for a short period afterwards.
“Mr Scannell was not run over. He was at a low level to the ground, that is the police evidence.
“He is a well known and respected person in Epsom, doing the train station run for the last twenty years, but he has lost that through the gossip of the local taxi rank and lives with the guilt to this day.
“He has worked hard and led a decent life and contributes to the local community,” added Ms Wainscoat. “His actions were out of character, he is a responsible driver that takes pride in his work.
“He did not think clearly and maybe he was in shock at the time and tried to carry on as if nothing had happened.
“He recognises he is at significant risk of custody and has been effectively housebound since this accident and has not worked and led a rather reclusive life, staying at home.”
Cheheb’s official Hackney Carriage Licence, which allows him to work and drive a black cab has been suspended for ten years.
“His actions were through lack of thinking rather than a deliberate act of striking Mr Scannell and he hopes to return to driving eventually.
“Mr Cheheb did not feel he should have been driving due to the shock of this incident, but it is the only way of earning a living for his family and is his only skill.
“He has the respect of regular customers who would come to him by name until this incident.
“He would suffer mentally from custody and in their pre-sentence report the probation officer recommends longer rehabilitation.”
District Judge Julie Cooper told Cheheb the circumstances of the offence were so serious only an immediate custodial sentence could be justified.
“The police investigation shows you would have seen Mr Scannell in the road for ten metres. He was not upright, he may have tripped over or was bending down to pick something up, who knows?
Ambulance For Cheheb! |
“When you knew you had hit something you should have stopped to see what it was, even if it was an animal which you are not required to stop for, but could have called the RSPCA.
“You did not know what you had hit, but it could always be a person. It would take just seconds to see what you had done, but you carried on and picked up two more fares.
“This accident left a man dying in the road to the horror of his family and knowing he was left in that state will weigh heavily on them.
“I cannot pass sentence today other than a custodial one and that must be immediate. I cannot suspend that sentence.
“I am aware of the impact of a custodial sentence on both yourself and your family and I am also aware of the impact on the family of Mr Scannell.”
At this point Cheheb collapsed to the floor of the dock and remained breathing, but unresponsive for some time as police and custody staff attended to him.
“He has collapsed in the dock. We need an ambulance, call 999 straight away,” announced District Judge Cooper.
After the tragedy McCafferty’s announced: “To say that we are deeply saddened by the tragic loss of Shane Scannell would probably be the understatement of the century.
“Shane was a friend to many of us here and a massive part of the McCafferty’s team. As many will agree, he was possibly the biggest Liverpool supporter known to mankind, always up for the craic and always with a smile.”