Cabbie sues over terrorism ordeal

Claims life put at risk during police takedown

An i nnocent t axi driver caught in the middle of a terrorist takedown is suing police and federal and provincial governments for $ 1 million, claiming their negligence put his life at risk and left him with lifelong mental and physical disabilities.

A statement of claim filed in Superior Court in London, Ont., alleges the RCMP, the Ontario Provincial Police, London police and Strathroy- Caradoc police had several opportunities to keep cab driver Terry Duffield out of harm’s way on Aug. 10, 2016, when Aaron Driver, an ISIL sympathizer, exploded a bomb in Duffield’s cab.

Instead, a team of police watched Duffield drive to a suspected terrorist’s house, watched as he waited about five minutes in the driveway, and watched the suspected terrorist get a backpack and get into Duffield’s cab — all without doing a thing to warn Duffield or stop the suspect, the lawsuit contends.

After an explosion inside the cab and the fatal shooting of Driver, police simply let Duffield make his way home without offering any help for the shock or trauma, the statement of claim says.

The frightening, violent and shocking incident has left Duffield with back pain, anxiety, depression and other symptoms of post-traumatic stress disorder, the claim says.

“Terry was quite the lamb tied to the stake. They allowed a wolf to get to him,” his lawyer, Kevin Egan, said Friday. “The essence of the lawsuit is that a member of the public was put in harm’s way by negligence. It never should have happened.”

The statement of claim was filed against the Attorney General of Canada and the Ontario Ministry of the Attorney General as the oversight ministries for RCMP and OPP, and the London and Strathroy- Caradoc police boards.

A statement of claim contains allegations that have not been proven in court.

The defendants in this case have not yet filed their statements of defence.

Driver, 24 when he was shot dead, was a known ISIL sympathizer. He had been picked up by the RCMP in Winnipeg in June 2015 after posting pro- terrorist messages online. A court later required him to live in Strathroy, Ont., with his sister.

About 8: 30 a. m., on Aug. 10, 2016, the RCMP were tipped off by the FBI about a video in which a masked man vowed to make Canadians pay for fighting ISIL.

Canadian authorities identified Driver as that man and police headed to Strathroy.

That afternoon, Driver got into a cab driven by Duffield. A device exploded inside the taxi and after Driver stumbled out, he was shot to death.

Earlier this month, federal Public Safety Minister Ralph Goodale revealed for the first time that Toronto’s downtown Union Station was the target of the would- be suicide- bomber’s foiled terrorism plot.

The statement of claim details the different moments in time it’s contended police could have, but failed to protect Duffield from the blast and the ensuing psychological, physical and financial damages.

Driver regularly used taxis to get around Strathroy and go to London, the statement of claim says.

When Canadian authorities learned Driver was a potential terrorism threat on Aug. 10, they contacted Via Rail, the Toronto Transit Commission and even transportation companies in British Columbia.

But they failed to notify Strathroy taxi companies, including Leo’s Taxi, “the local and habitual means of transport for Aaron Driver,” the statement of claim contends.

Duffield drove to driver’s residence “unimpeded” by and unaware of the presence of the RCMP, police SWAT teams, a bomb squad and an Integrated National Security Enforcement Team on the scene.

“None of the authorities warned him (Duffield) of the danger Driver presented or attempted to remove him from harm’s way,” the statement of claim says.

Police knew or ought to have known that Driver likely had an explosive device, but again did nothing to prevent Driver from getting to the cab and into the cab, or to warn Duffield, the statement of claim says.

As the cab reversed out of the driveway, police swooped. Police shouted “Stop!” and officers in assault and riot gear approached the cab with rifles drawn and pointed at the vehicle, “advancing in a frightening display of force.”

Duffield told Driver, “I think they are here to talk to you,” and reached down to get his cigarettes.

Just then, Driver detonated an explosive device, rocking the cab and filling it with smoke and debris, the lawsuit alleges.

A MEMBER OF THE PUBLIC WAS PUT IN HARM’S WAY BY NEGLIGENCE.