3 days ago
Cop punched cab driver after dispute over fare, court told
An argument over the method of payment for a taxi trip led to an off-duty police officer punching a cab driver in the head outside a Sydney pub, a court has heard.
Senior Constable Deane Thomas Bell pleaded guilty to assaulting the driver near the Coogee Bay Hotel, in the city's east, last year after a dispute sparked by the cabbie's refusal to turn on the meter.
Downing Centre Local Court heard Bell, 33, had been on a 'long night of drinking' when he got into the cab about 12.10am on April 14, 2024.
Agreed facts tendered to court revealed the driver demanded Bell, who was travelling with his partner, pay for the charge upfront 'because he was afraid the offender would 'do a runner'.'
Bell replied 'I'm a police officer' before leaving the taxi, but then leaned back through the rear passenger door and punched the driver in the face.
He then led investigating police officers on a 'chase', the facts state, until he was arrested about two blocks away at the corner of Brook and Dolphin streets.
On Friday, a magistrate dismissed the single charge of common assault against Bell after being satisfied he suffered from 'florid' mental health issues.
Defence barrister Michael Gallagher argued for the matter to be dealt with under Section 14 of the Mental Health Act, saying the incident was a 'spur of the moment' assault by a 'drunk' client who had never been in trouble before.
Mr Gallagher said the dispute between Bell and the taxi driver was caused by the latter's request to be paid in cash instead of via card.
'Like so many young people they don't carry cash,' he said of his client.
The court heard Bell experienced PTSD and 'hyper vigilance' from his service in the police force, and was at the time drinking to 'self medicate'.
'I submit Your Honour would be perfectly satisfied that at the time of the offence … the offender had a mental health condition,' Mr Gallagher said.
Prosecutor Brendan Donnelly accepted there was a 'powerful case' for Bell to have his charge dealt with under Section 14.
He argued, however, it was important not to pass judgment on the taxi driver for not using his meter – saying Bell was frustrated and intoxicated when he leant back into the car to punch his victim.
'We cannot lose sight of the fact this was a service provider sitting in the front seat of a car, he was no threat to anybody,' Mr Donnelly said.
In dismissing the charge Magistrate Jennifer Giles accepted Bell was remorseful, telling the court the incident was 'something he's horrified about'.
He had been 'absolutely slavish in terms of taking a proactive approach to his mental health' since that night, she told the court.
'It seems unlikely that he'll do anything like this again,' Ms Giles said.
She said it was a 'grave shame' that the 'wicked' attack on a vulnerable person was a 'catalyst' for Bell to seek treatment.
'It seems very clear that Mr Bell has been floridly unwell for quite some time,' the magistrate said.
She noted the 'trauma-filled work of being a police officer, dealing with guns being drawn on him, salvaging dead bodies, being the first on scene at bus crashes'.
'He has been haunted by all of that.'
