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Maida Vale Stabbing

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Bob figgis

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I’m not sure if this has been posted or not. But there are a lot of news stories on the net if you search for it. To summaries a woman was stabbed to death on Monday in Maida Vale, a car driver hit the attacker with his car subsequently killing the man stabbing the woman. The police have arrested the car driver for murder. I have attached two links, the first is just one of the many news stories out there, the other is a link to the petition in supporting the car driver not to be charge with murder.

A woman who was stabbed to death in Maida Vale, London, on Monday has been named as Yasmin Chkaifi, and according to a neighbour suffered years of abuse at the hands of her killer.

Chkaifi, 43, also known as Wafah, was attacked in the street by Leon McCaskre, 41, before he died after being hit by a blue Renault Clio. The 26-year-old driver was arrested on Monday on suspicion of murder and later bailed pending further investigation.
https://chng.it/zNT78HJzvH
I've never tried starting a petition but I am compelled to for the 26 year old driver who saw this happening and tried to do something about it by driving his car into this horrific act to stop it.

https://www.mylondon.news/news/zone-1-news/maida-vale-stabbing-live-updates-22851841

He is a hero. He is our #maidavaleherodriver
 
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Darandio

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I'm fairly certain the driver hasn't been charged with murder at all, only arrested on suspicion of and then bailed. Seems they are simply following the due process.
 

Bob figgis

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Sorry arrested for murder and not charged.

I still feel that if I was there on Monday morning and I took the same course of action this driver did. I’d be most put out if the police arrested me because they are following due process. Is there any wonder most people turn the other cheek and don’t get involved. I hope with the grace of god I don’t need public help as I’d be horrified that anybody trying help me would end up in a similar circumstance.
 
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Busaholic

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I'm fairly certain the driver hasn't been charged with murder at all, only arrested on suspicion of and then bailed. Seems they are simply following the due process.
On how many occasions, though, has a motorist who has killed someone with their car been immediately arrested on suspicion of murder? Very, very few I'd suggest. There were plenty of witnesses as to what happened, and the Met Police almost straightaway announced that the driver was not known to either the man or woman killed. In short, it was an extreme over-reaction and there's no way that driver will be prosecuted for murder unless all we've been told about the circumstances were totally mistaken. In short, not due process at all.
 

the sniper

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I could imagine it being a case of what McCaskre was doing at the time he was struck, such as, for example, if he was walking/running away, having already committed his act and had already dropped the knife. In which case, questions would have to be asked.
 
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Darandio

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On how many occasions, though, has a motorist who has killed someone with their car been immediately arrested on suspicion of murder? Very, very few I'd suggest.

Well take hit and run as an example, a quick Google search suggests the vast majority if not all are arrested on suspicion of murder.

I agree that this is unlikely this particular case will result in a charge but they cannot simply pat the driver on the back and exclaim them a hero. Processes have to be followed and an investigation has to be carried out in order to determine the exact chain of events.
 

DelayRepay

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I don't think petitions are the right approach, and I don't think they'll achieve anything.

If the facts are as reported, then it is unlikely that the driver will be charged, but he did kill someone so that needs to be investigated, regardless of his motive/justification for killing. If he is charged, then a Jury will have to decide if he is guilty of murder. The point is that our justice system has many checks and balances, but they don't involve signing petitions.
 

Busaholic

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Well take hit and run as an example, a quick Google search suggests the vast majority if not all are arrested on suspicion of murder.

I agree that this is unlikely this particular case will result in a charge but they cannot simply pat the driver on the back and exclaim them a hero. Processes have to be followed and an investigation has to be carried out in order to determine the exact chain of events.
'Hit and run' is an understandably emotive phrase but there's no such offence in law. 'Causing death by dangerous driving'or the lesser (in law) 'careless driving' (the adjective has varied over the years) plus the offence of 'failing to stop' are almost always the offences cited. I have noticed on occasion that if a uniformed policeman has been run down then 'suspicion of murder' has been used in connection with an arrest, but on those few occasions I don't recollect anyone facing the charge in court subsequently. What I could just about understand is if 'suspicion of manslaughter' was cited, but it could well be that is not a legal option.
 

Trackman

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I could imagine it being a case of what McCaskre was doing at the time he was struck, such as, for example, if he was walking/running away, having already committed his act and had already dropped the knife. In which case, questions would have to be asked.
If it was someone with a knife on the rampage I'd call the law and they would be there pretty sharpish in that area.
But if I knew I could prevent an imminent innocent death by driving into them .. well...
 

Busaholic

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If it was someone with a knife on the rampage I'd call the law and they would be there pretty sharpish in that area.
But if I knew I could prevent an imminent innocent death by driving into them .. well...
Noting your location, when I was a long-term resident of SE13 I was witness to an attempted armed robbery on a sub Post Office. I was on foot, could see what was about to happen and, in days long before mobile phones, was trying to get a neighbouring shopkeeper to phone 999. Over the ensuing years I've often wondered what I'd have done if I'd been passing in my car and saw those guys pointing their shotguns and shouting. I really do think I might have run them down if I were able to. As it happens, all my cars this century and back into the late 1990s have been Clios too!
 

the sniper

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If it was someone with a knife on the rampage I'd call the law and they would be there pretty sharpish in that area.
But if I knew I could prevent an imminent innocent death by driving into them .. well...

It'd all come down to the circumstances.
 

XAM2175

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Temporarily leaving aside the emotive nature of the circumstances, it does appear that this is a valid - if somewhat blunt - application of process. A person has deliberately acted in a way that has caused the death of another person. That death has to be investigated, and the police are right to arrest the person suspected of performing the act. It's undoubtedly an unpleasant situation, but I'd go as far as calling it a necessary evil compared to any alternative.

Remember as well that the preliminary charge given as the reason for arrest isn't automatically the charge that would be taken to court. The police and the Crown Prosecution Service will decide on the most appropriate charges - if any - in the course of the investigation, and the CPS will additionally consider if it's in the "public interest" to pursue a prosecution even if it does appear that a charge would be successfully proven.
 

GB

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Well take hit and run as an example, a quick Google search suggests the vast majority if not all are arrested on suspicion of murder.

I agree that this is unlikely this particular case will result in a charge but they cannot simply pat the driver on the back and exclaim them a hero. Processes have to be followed and an investigation has to be carried out in order to determine the exact chain of events.

I don't think petitions are the right approach, and I don't think they'll achieve anything.

If the facts are as reported, then it is unlikely that the driver will be charged, but he did kill someone so that needs to be investigated, regardless of his motive/justification for killing. If he is charged, then a Jury will have to decide if he is guilty of murder. The point is that our justice system has many checks and balances, but they don't involve signing petitions.

No one is or has suggested no investigation takes place, but assuming the driver is playing ball and cooperating, what extra does arresting him gain? Genuine question
 

WoollyMammoth

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No one is or has suggested no investigation takes place, but assuming the driver is playing ball and cooperating, what extra does arresting him gain? Genuine question
Consider that a lot of the facts are known in the clear light of day, after the fact and things were not necessarily instantly clear at the time of the offence. Also arrest =/= charge.

As to your question most likely that it was necessary under Section 24 PACE:

(c) to prevent the person in question:-

(i) causing physical injury to himself or any other person;

(ii) suffering physical injury;

and

(e) to allow the prompt and effective investigation of the offence or of the conduct of the person in question;

As part of that it would allow for samples to be taken - blood etc to prove/ disprove intoxication or impaired driving.

Finally it would also allow for the individual to have received free and independent legal advice which would have been beneficial to them.
 

baz962

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Well without knowing all the details , I have been wondering wether this was to stop the attack or after. If the man committing the stabbing was on the pavement and not the road , did the driver mount the pavement and put others at risk . Also you have to be close to stab someone , must have had decent eyesight and reaction to realise what was happening and then aim the car. Also wouldn't that carry a risk of hitting the woman who was being attacked. Lots of questions.
 

Trackman

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Just seen this on Sky news:
A driver who knocked down a knifeman with his car in west London has been released without charge, police say.
Leon McCaskre died after being hit by the vehicle in Maida Vale.


The driver of the car, a 26-year-old man known as Abraham, has been released with no further action, the Metropolitan Police said.

Detective Chief Inspector Neil Rawlinson said: "Having reviewed the CCTV evidence and taken statements of numerous members of the public and attending officers, as well as reviewing the legal position regarding self-defence and defence of another, a decision has been taken that the driver of the car, a 26-year-old man, will face no further police action.

"He is considered a vital witness to our investigation and will be offered support from professionals to help him come to terms with the terrifying situation he was confronted with."

Abraham had been arrested on suspicion of murder but was later released on bail until late February.
 
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