A judge has convicted a former Toronto cabbie of criminal negligence causing bodily harm for mangling the leg of a cyclist during a late-night road rage dispute.

Justice John McMahon found Sultan Ahmed showed a “wanton or reckless disregard” for the safety and life of the cyclist.

The Ontario Superior Court judge also found Ahmed guilty of failing to remain at an accident after hitting cyclist Krzysztof (Chris) Kasztelewicz as Kasztelewicz stood beside his bike, which was leaning against a lamp pole.

“The accused deliberately, in an angered state, drove backwards while looking where he was going, mounted the curb and struck the pole, the bike and the complainant,” McMahon said.

But the judge found he had a reasonable doubt that the cabbie intended to deliberately hit the cyclist rather than just his bike, so acquitted him of the more serious charges of aggravated assault and assault with a weapon – his taxi.

Ahmed had already pleaded guilty to one count of attempt to obstruct justice by going to a car wash 13 minutes after hitting Kasztelewicz to clean the blood off the cab.

On Nov. 14, 2008, Ahmed narrowly avoided colliding with the cyclist as they crossed paths at the intersection of Dovercourt Rd. and Argyle St. in west Toronto around 2:20 a.m.

The encounter sparked a loud dispute on the darkened street.

Kasztelewicz, 40, testified last month he shouted for the cabbie to stop, which he did.

After leaning his bike against a lamp post, Kasztelewicz approached the cabbie to tell him he had almost hit him. The cyclist admitted he was probably loud.

He testified the cab driver swore at him and got out of the taxi to confront him, so their noses were almost touching.

Kasztelewicz said he turned back to his bike and the next thing he knew he was in St Michael’s Hospital.

Doctors amputated his right leg above the knee.

Ahmed admitted his taxi caused Kasztelewicz’s injuries, including a fractured pelvis, dislocated pubic bones and a severed artery in his right leg.

But he gave a very different version of their encounter, claiming he panicked and accidentally reversed into the cyclist after the man threatened to shoot him.

Ahmed said the dispute began after he drove around Kasztelewicz to avoid colliding in the intersection. The cyclist yelled at him to stop, so he halted with his car on an angle at a nearby curb, he testified.

Then, he said, a very angry Kasztelewicz swore at him, punched him through his open window, opened his door and continued punching and kicking him.

He said Kasztelewicz threatened to shoot him and went toward his nearby packsack, which Ahmed feared contained a gun.

The year before, a passenger had tried to rob Ahmed at knifepoint and later apparently fired two shots at him, according to agreed facts.

That incident was uppermost in his mind, Ahmed said.

Ahmed said he got into his cab and reversed to escape and in the process hit something. It crossed his mind he might have struck the cyclist, but he sped away for fear the man might have a gun, he testified.

The judge discounted this version, saying it was not reasonable he would drive toward someone he believed wanted to shoot him.

Loading... Loading... Loading... Loading... Loading... Loading...

Ahmed remains on bail and returns for sentencing Sept. 7.

Crown prosecutor Mihael Cole said he would be seeking a penitentiary term.

Outside court, Ahmed’s lawyer, Raymond Boggs said his client was acquitted of the most serious charges and that is a victory.