Cab driver guilty of sexually assaulting unconscious woman during Stampede
Meghan Grant | CBC News | Posted: June 25, 2018 9:38 PM | Last Updated: June 25, 2018
Sentencing hearing will take place later this year for Muhammed Irshad
A Calgary taxi driver has been found guilty of sexual assault after forcing a passed-out fare to perform oral sex on him in the back of his cab.
The woman — whose identity is protected by a publication ban — had been picked up after partying downtown during Stampede week in July 2014.
Muhammed Irshad was found to have been driving the taxi in question the night of the assault despite his denial. Justice Michele Hollins convicted Irshad after saying she had no reasonable doubt.
"I am convinced the assault occurred," said Hollins in ruling that prosecutor Melissa Bond had proven all elements of the offence.
The victim, in her 20s at the time of the assault, memorized Irshad's licence plate and called police after she woke up to being assaulted in the back of the taxi.
On July 5, 2014, the victim and a friend drank at the Stampede rodeo before moving on to bars along 17th Avenue S.W., including Milk Tiger, the Ship and Anchor and Una Pizzeria.
The pair hailed Irshad's cab on 17th Avenue S.W. around 1:30 a.m.
After dropping the friend and driving to the woman's neighbourhood, the taxi took a "suspicious" route while the woman was passed out, getting close to her house several times but stopping at some point.
"[He] loops around her neighbourhood but does not go straight there," said Hollins.
When the woman awoke, she was being forced to perform oral sex, she testified.
Victim memorized licence plate
She demanded he drive her home, and, once out of the vehicle, she memorized its licence plate and ran inside.
The victim testified that she collapsed on the floor of her bedroom crying on the floor, feeling "in shock and ashamed and sad." The woman's boyfriend had been sleeping, woke up and called police, who arrived and initiated an investigation.
The licence plate was a match to the cab driven by Irshad.
Hollins found the victim's evidence was credible, reliable and that she was "forthright in her testimony."
Irshad had claimed he was not the one driving the taxi that night, which caused the trial to be delayed as police investigated.
He never testified in his own defence, and Hollins found Irshad was indeed driving that night based on his taxi log-in, which was the last six digits of his driver's licence.
Defence lawyer David Chow requested a risk assessment and psychiatric reports ahead of sentencing later this year.
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