by Elissa Hunt Herald Sun October 11, 2011
A WIFE-KILLER will be allowed to drive taxis after a court found he poses no risk to public safety.
His passengers won’t know of his past, with the cabbie’s identity kept secret.
The Court of Appeal this morning said the fact he had stabbed someone to death did not make him an unsuitable taxi driver.
The former refugee, who can only be referred to as XFJ, killed his wife in 1990 and was found not guilty of murder by reason of insanity.
He has been free of his depression for 15 years now and the court said it was unfair to judge him over the killing when he had been found to be not responsible for his actions.
“There is no risk to passenger safety in any taxi which he drives,” the appeal justices said.
“He is technically competent, and in good health, and has been assessed from the outset as being capable of meeting reasonable community expectations.”
The Director of Public Transport refused him accreditation to drive cabs, saying to let a killer drive the public would damage their confidence in the system.
When XFJ appealed, the Victorian Civil and Administrative Tribunal said he could drive, but the Director of Public Transport challenged that ruling in both the Supreme Court and then the Court of Appeal.
Today, Appeal justices Chris Maxwell, David Harper and Philip Mandie found there was no error in the law allowing XFJ to drive cabs.
They said that to be accredited under the law he had to show he could provide a safe, comfortable and convenient service, and the Director of Public Transport had found that he could.
The law did not require an assessment of the impact on public confidence in the taxi industry, they said.