A Maldon taxi driver who was sentenced to three months in jail for allegedly beating up a teenager who did not pay his fare, had the sentence quashed on Friday.

Instead Mark Harvey, 37, of Park Drive, Maldon, was bound over to keep the peace. He appeared at Chelmsford Crown Court on Friday to appeal against the magistrates jail sentence after he was convicted of assaulting the 15-year-old boy in Maldon.

He had been on unconditional bail since December 12 pending the appeal. The alleged victim failed to attend the appeal hearing. Enquiries at his home drew a blank.

Sherry Dalesandro, for the Crown, said the boy and his friends used a taxi driven by Harvey on June 24. When they reached their destination they had insufficient money for the fare and the boy said he would get some.

But Harvey allegedly grabbed him, insisted that he sit in the car, then bit his finger, got him in a head lock and punched him six or seven times. This was seen by the boy's girlfriend who gave evidence for the prosecution at Harvey's trial. At the appeal she was to be a defence witness.

Ms Dalesandro said Harvey agreed he had used some violence.

Quentin Hunt for Harvey said was now a digger driver. He was prepared to accept a bind over.

Recorder John Dodd quashed the jail sentence and bound Harvey over in the sum of £100 to keep the peace for six months.

Published Wednesday, March 13, 2002