Racist tirade against Calgary cab driver results in no charges again

The RCMPhasapologizedto a Calgary cab driver, but says charges will not be laid against a passenger who unleashed a racist tirade caught on video before ripping the camera out of the taxi's dashboard in a case that attracted the national spotlight.

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Thedecisioncomes as the results of anRCMPreviewlooking into the incident were released Thursday.

The RCMPofficer who originallyresponded to the call in Airdrie in 2013did not charge the passenger at the time, instead encouraging him to pay the driverfor damages after the camera mounted on the taxi's dashboard was ripped out. The passenger did so.

The investigation was reopenedafter a video surfaced showing the exchange surfaced in July.

WARNING: Graphic language

"You son-of-a-bitch, you fing (expletive), go back to where you're from, take your wife and four kids," the passenger yelled.

WARNING: Offensive language

9 years ago

Duration 1:43

A man who was caught on camera unleashing a racist tirade against a Calgary cab driver has been fired from his job.

But the taxi driver,SardarQayyum,filed a formal complaint with the RCMP'sCivilian Review and Complaints Commission (CRCC)over how the matter was handled.

Investigators determined that a charge of mischief for wilful damage to propertymay have been warranted before the investigating officerintervened to negotiate compensationfor the cabbie, but not after.

"The quid pro quo that arose when the passenger paid the driver money for the damages to his taxi upon the understanding that he would not be charged and prosecutedraises a significant issue respecting the passenger's Charter Rights," said theRCMP in a release.

Cpl.Sharon Franks, the RCMP's spokesperson for southern Alberta, said she is unsure precisely how much Qayyum was paid by the abusive passenger.

"In addition to paying the fare for the vehicle, he actually paid Mr. Qayyum some of his lost wages, because he was unable to go to work for a little bit of time after the incident."

Franks adds that because some compensation was paid to Qayyum, there is little more that the RCMP can do.

"Under Section 7 of the Charter of Rights it says you can not be charged or punished twice for one incident and that would be what this would be."

A positionthat was supported during the RCMP's review of the incident.

"The Crown determined that charging the passenger and prosecuting him at this point would amount to an abuse of process and that any prosecution would now be contrary to the public interest."

Apology issued

The report went on to say thatwhilethe officercompleted the basics of an investigation, she made very little effortto "bring the accused before the court for prosecution," the report said.

The officer in charge of the Airdrie RCMP, Insp.Gord Sage, metpersonally with the victim in the case toexplain the outcome of the review to him.

The original investigating officer hasbeen given instructions on how to better handle such matters in the future and no longer works in Alberta.

"The RCMP would like to publicly announce our apology to Mr. Qayyum,...as the service provided to him did not accomplish a satisfactory outcome for him," RCMPsaid in the release.