SOMBA K'E/YELLOWKNIFE - A man recently convicted of assaulting a fellow cab driver with a tire iron is appealing a city decision to revoke his chauffeur's permit, which he says leaves him without a means of earning a living and supporting his family.

Lawyer Peter Fuglsang, left, speaks on behalf of his client, Ahmed Makaran, sitting in the foreground, as they appeal a decision by city administration to revoke Makaran's taxi licence after he was convicted of assault with a weapon. - Tim Edwards/NNSL photo

Ahmed Makaran, 57, pleaded guilty to assault with a weapon and was sentenced to nine months of house arrest on Dec. 9 in territorial court.

The victim of the attack was a co-worker of Makaran's, who had walked over to his cab, opened his door and punched Makaran in the face while they were parked at a gas station on Range Lake Road on Feb. 20, 2010.

Makaran turned around and told his customers they were witnesses to the blow. He then grabbed a tire iron and struck his assailant in the head. While covered in his victim's blood, he got back in his vehicle and drove his customers to their destination.

His fellow cab driver needed seven stitches to close a three-inch cut on his head.

"This is the result of a dispute between two people that had apparently been going on a long time," said Peter Fuglsang, Makaran's lawyer for the appeal proceedings at city hall, which started on Monday during a special council meeting.

City administration sent Makaran a letter on Dec. 15 informing him that his licence was being revoked, after receiving a call from the victim who informed administration of Makaran's conviction.

Under the livery licence bylaw, a chauffeur's licence "shall be revoked or suspended" if its holder commits any offence under the Criminal Code while on duty.

City councillors Paul Falvo and Bob Brooks were unsure whether council would be able to reinstate Makaran's licence even if they wanted to.

"Your powers lie in applying the bylaw and making sure we've applied the bylaw properly," Doug Gillard, manager of municipal enforcement, told council.

Fuglsang's argument was that Makaran's offence does not necessarily fall under the bylaw, as assault with a weapon is not listed specifically, and as such council has the ability to reinstate his licence at their discretion.

He added, "If you shout at someone in a manner that upsets them you can be charged under the Criminal Code."

Kerry Penney, legal services manager for the city, said this case "wasn't simply creating a disturbance."

Fuglsang said the man wanted his licence back because he is supporting his wife, a son, and a grandson, and said that he does not have any prior criminal offences.

"Mr. Makaran depends on his ability to drive," said Fuglsang.

After council talked behind closed doors for almost an hour, Mayor Gord Van Tighem came out and told some people who were in attendance that the appeal hearing was adjourned so more information could be gathered. He said it would resume at some point in the next two weeks.

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