Nunavut road rage fracas: Iqaluit cab driver found not guilty

The area in front of building 1057 where laundry business owner Daniel Hodgson and cab driver Abdullahi Omar, who was left bloodied in the incident, fought over vehicle space. (PHOTO PETER VARGA)

Former Iqaluit taxi-driver Abdullahi Omar was found not guilty May 23 on five charges related to a road rage brawl that erupted Jan. 30, when he and Daniel Hodgson of Iqaluit fought over vehicle space in front of Hodgson’s laundry and dry-cleaning business.

The two men gave the court conflicting evidence about what happened.

“I am left with two diametrically opposed versions, and evidence that shows either could be true,” Justice Robert Kilpatrick said at the end of Omar’s two-day trial.

Kilpattick said no independent witnesses were called, even though the incident happened in the late morning, in the middle of the week, in a busy part of town.

“There are no independent witnesses available to distill fact from fiction,” the judge said.

“I don’t fault the Crown for this, it was simply not available to the court and that is a tragedy.”

Kilpatrick noted that even though Omar was the only person charged in the incident, he was the only person injured.

The only point the men agreed to is that Hodgson punched Omar in the face at least three times, leaving the accused bloodied at the end of the incident.

Omar said he needed three stitches to close a wound on his upper lip, and complained of loose teeth and a headache, the judge noted.

“Mr. Omar says he was a victim of assault,” Kilpatrick said at the close of the trial. “Mr. Omar is assumed by the law to be innocent of these charges.

“I am not convinced of proof beyond a reasonable doubt. Therefore sir, I find you not guilty of these charges,” the judge said.

Omar, seated next to his lawyer Paul Falvo, smiled and showed obvious relief on hearing the verdict.

Omar, 47, travelled to Iqaluit from his current residence in Toronto to face the following charges: two counts of assault with a weapon, operating a motor vehicle in a manner dangerous to the public, possession of a weapon for a dangerous purpose, and uttering a threat.

The incident took place in front of building 1057, in an area straddling Qikiqtani Laundry Services Ltd, which Hodgson owns and manages, and Baffin Gas.

Hodgson said he arrived to unload laundry, and found Omar idling his cab, partially blocking his access to his business.

Hodgson signalled Omar to move, and Omar signalled back. Hodgson said Omar signalled a refusal, and showed him “the finger.”

Omar told the court that he gestured back to Hodgson to indicate he was waiting for a customer.

At this point, Hodgson emerged from his vehicle to speak to Omar.

Hodgson told court that Omar emerged from his cab with a pocket knife, and attempted to slash him with the weapon. Hodgson said he responded in self-defence, he said, by punching the cab-driver in the face “three or four” times.

Omar could not reach Hodgson with the knife, he said, because “his arms were too short.”

Omar fell to the ground, then returned to his vehicle, said Hodgson, which he then drove back and forth in the lot.

Omar, speaking to the court in animated, though halting English, said Hodgson approached his car to speak.

When he emerged from his taxi, Omar said Hodgson grabbed him by the shoulders of his jacket.

“He started punching me,” said Omar. “I came out of the taxi and he overpowered me.”

Omar said he fell to the ground after “four or five big punches” to the face and head, then retreated to his taxi to get a utility pocket knife.

Hodgson backed off when he swung the open knife, described in court as having a blade about an inch long.

Omar said he then retreated to his cab. He said Hodgson approached the vehicle, yelling racial slurs.

“He was trying to open the door,” Omar said, adding he locked his doors and called the taxi dispatcher to bring an ambulance to the scene.

He then tried to drive his car out of the lot, he said, but could not because the area around the lot was too busy. Omar denied hitting anything with his car.

Police were called to the scene by a female employee of Hodgson’s business. Four RCMP officers appeared, took statements from each of the men, and arrested Omar, who was visibly injured in the face.

“Mr. Hodgson was standing by his business,” RCMP Cst. Steven Huff said in court May 22. He noted Omar was in his cab.

“He had a cut lip and spoke of some teeth and a headache,” Huff said.

Photographs that Cst. Dustin Grant had taken at the scene were presented as evidence on May 22.

These included photos of vehicles involved, Omar’s pocket knife, the parking lot, and skid marks in the snow-cover of the lot.

At the end of the trial, Kilpatrick said the photos showed no signs of damage on any vehicle or property.

Omar and Hodgson each gave credible versions of the events, the judge said.

In the absence of witnesses, he could not “know who or what to believe,” he said, adding that to believe any particular version as truth “would be dangerous in these circumstances.”