Queensland transport bosses have failed to block a Cairns man convicted of armed robbery and an historical sexual offence from obtaining a permit to drive a taxi or an Uber.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Nakhle El Hayek, 38, who was released from prison 10 years ago, was convicted of two counts of armed robbery and one count of sexual intercourse with a person over 14 years but under 16 years, in the Sydney District Court of New South Wales on November 8, 2002.
Mr El Hayek told the Queensland Civil and Administrative Tribunal that he committed the offences when he was 20 years old and into the nightclub party scene.
He admitted he was taking illicit drugs at the time and was in in the “bad company” of Middle Eastern criminal gangs who he feared.
QCAT heard that since his release from prison, Mr El Hayek had held a number of jobs including as a real estate manager, a security guard and a local laws officer with a council.
He also received a general security and aviation security licence from authorities who were aware of his criminal history, the tribunal was told.
In his ruling, tribunal member Peter Krebs said Mr El Hayek had shown a determination to get his life back on track by being a productive member of the community in a way that exceeds what the community would expect from someone with his history.
“He has a good driving record and apart from his criminal history, there is no suggestion that his behaviour or any other factor would bring the reputation of public passenger transport into disrepute,” Mr Krebs said.
“It would seem remarkable … that Mr El Hayek with his history, can obtain authorisation as a security guard [or] local laws officer … as well as hold positions of responsibility and trust, but could not get an authorisation to drive a taxi or Uber.
“I am satisfied on the evidence … that Mr El Hayek has demonstrated that he is an exceptional case and that the correct and preferable decision is to grant a driver authorisation to him.”
