By Joanne Rowe

Byrom and Howarth then left the scene but Kirkman, of Ruskin Road, Little Lever, chased father-of-two Mr Hussain, shouting abuse, and the tragedy occurred.

Jailing Kirkman, who had pleaded guilty to manslaughter, Mr Justice Klevan said: "You so terrified a man going about his work as a taxi driver that he fled into the path of a moving vehicle.

"You had been acting in a lawless, violent and uncontrolled manner and you were relentless in your pursuit of that poor young man."

There had been suggestions that it was a racially motivated attack, but the judge told Kirkman that although he had been abusive "in my judgement in the state you were in you would have attacked anybody irrespective of their background".

Kirkman also received a concurrent three months sentence for damaging Mr Hussain's car.

But Mr Hussain's cousin, Mr Mohammed Farid, said: "We are angry but we are in a no win situation.

"They have only got a light ticking off. We think there is no justice. It is hard for his kids because they get up and want to see their dad but he is not there."

Byrom, aged 21, of Grange Avenue, Little Lever and Howarth, aged 22, of Wilkinson Avenue, Little Lever, both pleaded guilty to affray and were sentenced to 15 months imprisonment. Byrom is already serving four years for robbery and the 15 months is to be added to that.

The judge told the two men: "You each took part in a cowardly and wicked attack on an innocent man who was going about his work as a taxi driver. There was absolutely no need for it."

Mr David Freisner, prosecuting, had told the court how the three defendants had ordered a taxi from Mr Hussain's firm with the three men sitting in the back and Kirkman's girlfriend, Lisa Stansfield, who was three months pregnant, getting into the front.

As Mr Hussain drove along St Peter's Way he suddenly braked because Howarth was messing with the driver's headrest. Other motorists saw the back seat passengers punching Mr Hussain, who leapt out of his car and ran towards railings.

The three men went after him and he was kicked and punched before Byrom and Howarth left the scene and Kirkman went back to the car, smashing a window and damaging the steering column.

Mr Hussain started walking back to his car but Kirkman spotted him and went towards him, shouting abuse and the taxi driver fled across the dual carriageway.

In an attempt to escape he climbed over the crash barrier and ran onto the northbound carriageway where he was struck by a Volvo. He died instantly from head injuries.

Defence counsel Mr Anthony Morris QC said that Kirkman had no previous convictions and had acted out of character. His girlfriend had become hysterical after hitting the windscreen when the car braked and he lost control of himself although he denied taking part in the initial attack on Mr Hussain.

"He cannot explain why he behaved in the way which was completely out of character," said Mr Morris.

"The irony of this case is that if he had caught up with Mr Hussain he would still probably be alive."

Several members of Mr Hussain's family worked with him at Bradshawgate private hire and since his death extra security measures have been installed.

"The police are responding quicker and we now have closed circuit TV in the taxi office," said Mr Farid. "But most of the taxi drivers don't want to pick up passengers because they are terrified."

Bryan Rowland, general secretary of the of the National Private Hire Association, told the BEN that he would have liked the courts to hand out tougher sentences on Mr Hussain's attackers to serve as a warning.

"We have had 17 taxi drivers murdered in five years. A maximum sentence may have given a better signal to the public that attacking taxi drivers isn't on," he said.

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