Taxi driver's widow tells of her love and dismay

Aug 20 2008 by Hilary Clixby, The Journal

Dead man's attempt to restrain youth was 'arguably unlawful'

THE teenager accused of killing taxi driver Raymond Quigley after trying to make off without paying his fare walked free from court yesterday after a judge said the prosecution case was fatally flawed.

Dale Patterson was alleged to have struggled so violently when 72-year-old Mr Quigley tried to restrain him until police arrived that the cabbie suffered a fatal heart attack.

Patterson, 18, had denied charges of manslaughter and making off without payment and was cleared on both counts after legal submissions at Newcastle Crown Court.

Judge David Hodson said: "The Crown has not proved a legal obligation on the defendant to make a payment to the point where the vehicle came to a halt.

"Any attempt by Mr Quigley in those circumstances, however understandable it may have been and however sympathetic one feels towards him, to restrain the defendant would not have been justified and was arguably unlawful. Given the fare was not legally enforceable, what Mr Quigley did was unlawful. He had no lawful power of arrest as no offence had been committed under the Theft Act.

"In the circumstances, the defendant was entitled to use such force as was necessary to resist unlawful arrest.

"It cannot be shown he did any unlawful act, let alone unlawful acts which contributed to the death of Mr Quigley. The prosecution case was fatally flawed."

As a result of the judge’s findings, the prosecution offered no evidence against Mr Patterson on either count and not- guilty verdicts were recorded.

The teenager’s acquittal came the day after the jury hearing the case was discharged after it emerged one of the jurors had been carrying out his own investigations into the case.

Mr Patterson got into Mr Quigley’s hackney car early on September 2 last year near Newcastle Central Station after he had missed his last train home because he had been attending a skateboarding event in the city centre.

He claimed he had tried to flee the car in Ryhope, Sunderland, because the route taken was unfamiliar to him and he feared for his safety.

But the court heard that Mr Patterson, a student of Manila Street, Sunderland, now realised that his fears were the result of a complete misunderstanding.

"The public should not draw any conclusions from the result of this case adverse to Mr Quigley in any way," said Robert Smith QC, defending.