Taxi driver cleared of threat to kill rival
A taxi driver who admitted telling a rival he would get him shot for allegedly stealing a fare has been acquitted of making threats to kill.
Moore Montgomery, 52, informed Mustafa Onbasi he was “f****** dead” during a row at their rank in south Belfast, a court heard.
Mr Onbasi claimed the incident left him too scared to go to sleep during darkness.
But a judge cleared the defendant after ruling there had been no intent behind comments said in the heat of an argument.
Mr Montgomery, of Whitehall Parade in the city, was charged with threatening to kill the other driver during verbal exchanges on May 20.
Belfast Magistrates’ Court heard both men were in a taxi rank on Botanic Avenue when musicians emerged from a bar and asked to be taken over to York Road.
Mr Onbasi said they got into his car because he knew the location and offered to take them.
He claimed Mr Montgomery, described as one of the “old boys” of the rank, responded by telling him: “See you, you’re f****** dead.”
Similar threats were allegedly repeated when he returned from the fare.
“He said he was going to get me shot,” Mr Onbasi continued.
Asked how he felt following the incident, he replied: “I didn’t go to work for some time.
“Now I try to go to work in daytime, and I try to stay awake until the daylight.”
Defence counsel John O’Connor argued that when the musicians appeared at the queue of taxis Mr Montgomery reminded him: “I’m next here, mate.”
It was also claimed that during the ensuing row Mr Onbasi offered to settle their dispute by fighting.
In evidence Mr Montgomery admitted making comments in anger, but stressed he never meant anything by them, apologised immediately and shook hands.
“I said ‘I will get you f****** shot’, but it was just in bad temper,” he told the court.
“He asked me to repeat that again; he offered me a fair dig, he opened the door and I just closed it.”
A prosecution lawyer put it to him that he wanted Mr Onbasi to fear he would carry out the threat.
But he insisted: “No, definitely no.”
Aquitting him of the charge, District Judge Amanda Henderson held there had not been the necessary intention to leave the alleged victim fearing the threat would be carried out.
Noting how Mr Onbasi returned and checked with the defendant following the initial incident, she added: “Police then attended and very quickly hands were shaken and apologies were made.”