Cab driver given 140 hours of unpaid work for causing death of biker Terry Smith in Borehamwood

A driver who caused the death of a motorcyclist - and left three children without a father - when he suddenly pulled across his path has been ordered to carry out 140 hours of unpaid work.

Judge John Plumstead at St Albans Crown Court told Habib Sherzai it had been a piece of "absurd driving" when he cut across the path of motorcyclist Terry Smith.

But the judge pointed out that because of the time the defendant had spent in custody on remand and then on a tagged curfew, it meant that any sentence he was given would mean he would be set free in a very short time.

Sherzai, 22, of Athelstone Road, Harrow, who was a self-employed licenced private hire taxi driver, pleaded guilty to a charge of causing death by careless driving on March 20 last year.

Prosecutor Sally Mealing McLeod told the court Sherzai did not have a fare on board as he drove his silver blue VW Passat car along Station Road in Borehamwood at 4.35pm that day.

Coming in the opposite direction was Mr Smith on his black Honda CBR900 motorcycle.

Mr Smith was a mechanic working at Elstree Film Studios and an experienced motorcyclist.

The court was told that as Sherzai reached the right turn into Academy Court, he made a right turn into the path of the oncoming motorcyclist, causing a collision.

Mr Smith, a father of two teenage sons and a four-year-old daughter, sustained multiple injuries and despite being rushed to hospital, died a short time later.

A witness later told police the defendant's car had turned right without signaling.

Miss McLeod said Mr Smith was thrown through the air after his motorbike collided with the passenger door of the car and he landed on his back.

Judge Plumstead said it was an act of carelessness on behalf of Sherzai that had changed the lives of an entire family.

He said Mr Smith had been in the prime of his life and was "a father to be proud of and a highly skilled and decent man".

In addition, Sherzai was disqualified from driving for two years.

The judge pointed out the defendant had not tried to "escape justice" and up until that day had been a law abiding young man.

The judge told him: "This was a piece of absurd driving."

Comments(20)

pepsiman says...
11:07am Tue 5 Mar 13

6 days work for a life.........

deelennon says...
5:41pm Tue 5 Mar 13

Absolutely disgraceful , a two year ban and as pepsman in previous post states -its 6 days work for a life, when these judges pass sentences dont they realise what effect this has on the family he has left behind!
RIP TERRY

1971 says...
5:52pm Tue 5 Mar 13

speechless
RIP Terry

fishingjoe says...
10:51pm Tue 5 Mar 13

Only 2 year driving ban for a life.
R.I.P Terry

Skhan13 says...
9:42am Wed 6 Mar 13

What justice. Only in this country. And just because he did not try to "escape justice" the judge somehow commends him. So many cabbies are extremely dangerous drivers and lo and behold he'll be back on the road soon enough doing the same thing again. Disgraceful

*2013* says...
10:23am Wed 6 Mar 13

Disgusting! A few hours unpaid work and 2 year driving ban for taking a mans life and ruining the lives of his family and friends. Clearly no justice. RIP Terry.

laurie says...
11:03am Wed 6 Mar 13

He should have been banned for life,got 15 years for man slaughter and deported after the sentence had been served.The Judge should also be sacked for giving such a small sentence for such an horrendous crime.I hope the family can appeal against this miscarriage of justice.
Rip Terry I never knew you but my heart goes out your family and friends xxx.

craigp says...
12:53pm Wed 6 Mar 13

Whilst I doubt it equates to the devastation this man has caused, how long did he spend on remand/under curfew? The accident occurred just under a year ago, so it can't be anymore than that. And whilst I agree that it seems a woefully inadequate, I doubt that it was outside of the guidelines, so it is unlikely a miscarriage of justice. Also, what grounds are there for the suggested deportation by laurie? There is no mention of the defendant being an illegal immigrant in the story.

SeaBee says...
10:08pm Wed 6 Mar 13

The offences of causing death by dangerous driving and causing death by careless driving should be expunged from the statute book. Any driver causing the death of another human being should be charged with manslaughter unless it was a deliberate attempt to cause injury in which case it should be murder. Sentences for those found guilty should be in line with the guidelines for non-vehicular manslaughter or murder.

chelseaboy says...
12:57am Thu 7 Mar 13

the mind boggles, can the judge now lie straight in bed after hie assessment

roysmith says...
1:11am Thu 7 Mar 13

the remand & curfew was nothing to do with crash it was for immagration offences which are stll on going if you check facebook he still went on holiday to india in september while on a curfew
rip tel dadxxx

Cags92 says...
8:09am Thu 7 Mar 13

Thank you for support and kind words. Unfortunately justice was not served. No punishment to this man will ever be enough to show how truly loved tel was and to this day still is. He was a fantastic man and greatly loved and appreciated by all those that had the blessing to know him. Family and friends are keeping each other strong.

mr.taxpayer says...
4:02pm Thu 7 Mar 13

BOYCOTT ALL BOREHAMWOOD CABS

G_Whiz says...
10:03pm Thu 7 Mar 13

Judge John Plumstead - friend of reckless killers.

Enemy of innocent victims.

Nothing in this story disputes that.

My opinion anyway.

roysmith says...
12:16am Fri 8 Mar 13

Just Another Dangerous Taxi, father of three dead
March 6, 2013
By admin
A driver who caused the death of a motorcyclist - and left three children without a father – when he suddenly pulled across his path has been ordered to carry out 140 hours of unpaid work. Judge John Plumstead at St Albans Crown Court told Habib Sherzai it had been a piece of “absurd driving” when he cut across the path of motorcyclist Terry Smith.

The usual horse trading took place within the police and CPS and Legal Aid Solicitors ,the charges reduced, mitigation accepted, in exchange for a “plea-bargain”. Funny how the “self employed” taxi driver qualified for Legal -Aid?

In my opinion this man should serve a sentence commensurate with the loss he has caused – A motor vehice is a deadly weapon and to be negligent to the degree that witnesses state, makes this culpable homicide. In two years time Habib Sherzai may be driving a taxi again – maybe near your family.

We are told by politicians that immigration is a benefit to us, as we need skilled people in the labour market. (actually it is to benefit big-bosses and to keep down wages)

The wrecked lives and misery caused by the ordinary people who have to live with the consequences of immigration are never taken into account.

I have observed that the vast majority of minicabs in the UK are now driven by Afghani/Pakistani muslims. If you doubt this – visit a railway station and conduct your own survey.

As a driver for 30+ years, I have observed these drivers to be frequently dangerous and law breaking.

I do not feel safe when family members, especially women, use taxis late at night, because I have learned about Islam and the low regard that its adherents have for women, especially European, non-muslim women .

If you, or you family use foreign taxi companies or drivers, you are contributing to this problem and you are encouraging more to come.

craigp says...
9:10am Fri 8 Mar 13

Fair enough Roysmith. I stand corrected. Sorry for your looss.

brettslewis says...
2:27pm Fri 8 Mar 13

If taking the life of an individual is only worth a sentence of "140 hours of unpaid work" and a 2 year driving ban then I'm leaving this sh1thole country!!!

D3vil5Adv0cat3 says...
3:09pm Fri 8 Mar 13

"We are told by politicians that immigration is a benefit to us, as we need skilled people in the labour market. (actually it is to benefit big-bosses and to keep down wages)

The wrecked lives and misery caused by the ordinary people who have to live with the consequences of immigration are never taken into account."

Why does everything have to boil down to race.....what has the race of this man got to do with his terrible deed?? Had he been one of our local boys driving would that have made it more palatable?? Nowhere does it say he is an illegal immigrant....why should we assume that because he went to India he is illegal??

"I have observed that the vast majority of minicabs in the UK are now driven by Afghani/Pakistani muslims. If you doubt this – visit a railway station and conduct your own survey."

Have you ever had a conversation with any of these individuals....the majority of them have degrees from their countries which are not always recognised in our country and they therefore take on the degrading job of being a cabie.

"Any driver causing the death of another human being should be charged with manslaughter unless it was a deliberate attempt to cause injury in which case it should be murder."

This is the most obvious solution....and the most rational....any person (regardless of colour, race, religion etc) should have to suffer a more severe consequence for their negligence....althou
gh the time issued for manslaughter/murder is laughable too in our country!! Yes, this man will have to live with his guilt and replay the incident in his head for the rest of his life..........HOWEVE
R......the victim's children will never be able to turn around and say "Hey dad, can you take me to football practice" or "Dad can you help me with my homework"....that is the MOST DEVASTATING result of this situation!!! The judge should have taken this into consideration when passing sentence!!!

I wish the family peace and some comfort in the knowledge that they still have eachother to lean on. We can only ask for a glimmer of hope that one day our justice system will work correctly and manslaughter will be recognised and punishable accordingly.

laurie says...
9:35pm Sat 9 Mar 13

Roysmith,for PM.

roysmith says...
12:28am Sun 10 Mar 13

as i was in court and told by police that he had been to prison on a curfew also tag to do with immigration offences i think this may make him illegal ???

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