Review of RCMP investigation into alleged assault on cab driver complete

An independent review of an RCMP investigation into the alleged assault of a Calgary cab driver in 2013 is complete and has determined that charges against the accused in the case will not be pursued.

The city’s taxi regulator released dash-cam video in July 2015 that showed a passenger verbally abusing a driver while in the backseat of a Calgary Checker cab two years ago.

The driver, Sardar Qayum, filed a complaint with RCMP following the incident about how the matter was handled and the case was reopened.

RCMP reviewed the initial file and consulted with the Crown Prosecutor’s officer to determine if any criminal charges should be laid in the matter.

An independent senior non-commissioned RCMP officer was assigned to review the case and on Thursday the results of the review were announced.

The Crown reviewed the material and found that a mischief charge for willful damage to property would have been warranted before the responding officer made the decision to have the passenger pay the driver for damages but because the officer intervened, there is no public interest in prosecuting the passenger.

Officials say a deal that was made when the passenger paid the driver for damages, on the understanding that he would not be charged, raises a significant issue regarding the passenger’s Charter Rights.

The Crown says charging the passenger and prosecuting him now would amount to an abuse of process and prosecution would be contrary to public interest.

The review concluded that the original investigating officer conducted all ‘basic aspects of an investigation expected of a member of the RCMP’ and that “significant effort was spent in providing the taxi driver with restitution for damage caused during the interaction with the fare.”

However, the report found that the officer became lost on the element of restitution and that little effort was made to bring the accused before the court for prosecution.

Officials say the officer has received operational guidance and the RCMP issued a public apology to the driver saying that “the service provided to him did not accomplish a satisfactory outcome for him.”

“We know the public expects members of the RCMP to conduct thorough and balanced investigations,” said Airdrie RCMP, Inspector Gord Sage in a release. “This is our expectation as well,”

Sage is meeting personally with Qayum to explain the outcome of the review to him.