Cabbie sues over terrorist takedown
The taxi driver caught in the middle of a terrorist takedown in Strathroy 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 London Superior Court alleges the RCMP, the OPP, 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.
Duffield is unable to work and the financial stresses are only exacerbating his depression, the claim says.
“The essence of the lawsuit is that a member of the public was put in harm’s way by negligence,” his lawyer Kevin Egan said. 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, had been picked up by the RCMP in Winnipeg in June 2015 after posting pro-terrorist messages online and on bail was ordered to live with a surety in that city. Soon after, that surety withdrew support and in July 2015, Driver was ordered to live in London and remain within London at all times. He was on bail at that time awaiting a peace bond hearing. In February 2016, a Winnipeg court placed Driver under a peace bond, requiring him to live in Strathroy 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 by about 11 a.m. and police headed to Strathroy. 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. At 3:45 p.m., Driver called Leo’s Taxi for a ride. About 3.55 p.m, Duffield got a call to head to Driver’s residence at 212 Park St. in Strathroy.
Duffield drove there “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. Duffield waited for about five minutes for Driver to come out of the residence, the lawsuit contends. “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.
Driver opened the door to his house and could be seen getting a backpack, the lawsuit alleges. When Driver said he wanted to go to CitiPlaza in London, Duffield asked for the money up front. Driver got money out and Duffield counted it before placing it in a pouch and backing out of the driveway, the statement of claim says.
The lawsuit describes the events that followed, resulting in “pandemonium.” 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 and over to get his cigarettes, thinking he’d be getting out of the vehicle so officers could speak to Driver.
Just then, Driver detonated an explosive device, rocking the cab and filling it with smoke and debris, the lawsuit alleges. Duffield’s back absorbed much of the percussive force of the explosion, causing continued pain and loss of function, the statement of claim says. “Psychologically, Terry was completely shocked and stunned by the sudden events,” it says.