A "predatory" private hire driver who pestered girls for sex when they had no money for their fare will be made to sign the Sex Offenders Register after prosecutors overturned his appeal against his conviction.
Faisal Aziz, of Edinburgh, was driving his Volkswagen Passat in South College Street in the capital when he was hailed by two women aged 18 and 21.
When they told him they couldn't pay for the fare until they reached their destination, he asked: "What else can you offer...sex?" reports the Daily Record.
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The 33-year-old was convicted in May 2021 of making sexually motivated remarks towards the pair, which would have required him to sign onto the Sex Offenders Register. But in August this year lawyers for the driver convinced appeal judges to remove the sexual element of the crime - exempting him from signing on.
However, prosecutors took the case to the High Court appeal court this week, which has restored the conviction in full. Lord Carloway, the Lord Justice General, noted of Aziz's behaviour: "The significant sexual aspect is made out."
The court was told that Aziz had been driving a private hire car in Edinburgh city centre in the early hours of October 5 2019 when he was hailed by the two young women. He pulled his car over despite only being licensed to pick up pre-booked passengers.
The three entered into a conversation, in which the pair said they could pay for the ride upon arriving at their destination, before Aziz then suggested they could cover the cost in another way. Both then left the taxi, frightened, and he drove off, leaving them alone in an empty, dark street – but not before they snapped a photo of his number plate, snaring him.
Appeal Sheriff Alasdair MacFadyen reduced Aziz's conviction to a breach of the peace on August 30 this year, ruling that his remark had not been sexually motivated. Lawyers for the driver told the High Court appeal court that he accepted he had committed that crime, with no sexual element.
But prosecutors said the sheriff appeal court had "erred in its approach to sexual autonomy". Lord Carloway, the Lord Justice General, agreed, noting that there was a "significant sexual aspect" to Aziz's quip because he had directly asked for sex.
While the appeal sheriff had ruled that his proposition was "different from obtaining sexual gratification", Lord Carloway disagreed, concluding: "That is exactly what his request was." Young women who have been drinking, he said, are entitled to be protected from "predatory males seeking sexual favours in exchange for fares", especially those in the nighttime trade.
In a written summary, he said: "Whether the expectation was for immediate, or deferred, gratification does not matter. The only defence open would have been to raise the issue of reasonable belief that the complainers consented.
"That might have been open had the communication been made in a social setting and between persons known to each other. It could hardly have been available in a situation involving strangers in the relationship of potential taxi driver and passenger in the public street where the passenger’s obvious desire is to go home and not to indulge in sexual activity."
Aziz's licence was suspended by the City of Edinburgh council, according to official records, and expired in September this year.
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