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Taxi driver acquitted of stabbing

17 Jul, 2009 07:56 AM
A Muslim taxi driver accused of attacking his best friend with a screwdriver after the other man had conversations with the driver's wife has been acquitted.

After a three-day trial at the ACT Supreme Court, a jury took just two hours to find Ayoub Abuaagla not guilty of assaulting fellow Sudanese migrant Ashraf Osman, occasioning him actual bodily harm in February last year.

Another charge of intentionally wounding the father of three was dismissed after Chief Justice Terence Higgins found that Mr Osman's alleged injuries did not meet the legal definition of wounds.

Mr Abuaagla is accused of driving his taxi to the Chifley home of his former friend on the evening of Saturday, February 23 last year and striking him twice with the screwdriver, in the cheek and in the back.

The prosecution told the court that Mr Abuaagla became enraged after he learned that Mr Osman had been advising Mr Abuaagla's wife Rabab Abdelnabi on how to be more ''pleasing'' to her husband, conversations that were traditionally taboo between a man and woman in Sudanese and Islamic culture.

But Mr Abuaagla's barrister Bernadette Boss told the jury of seven men and five women that Mr Osman had been sexually harassing her client's wife and that Ms Abdelnabi had decided to tell Mr Osman's wife about her husband's advances.

Dr Boss told the jury that Mr Osman's story of being attacked by his friend had been ''cooked up''.

''Mr Abuaagla doesn't know why he [Mr Osman] is trying to pin this on him when all he has done is help him since he came to Australia,'' the barrister said.

''What is certain is that Ms Abdelnabi had had enough of Mr Osman's attentions and had decided to tell his [Mr Osman's] wife about it.''

The prosecution case was damaged by evidence from Canberra Cabs that the GPS tracking device in Mr Abuaagla's taxi showed that the vehicle was not at the Osmans' house on the night of the alleged assault.

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