Former Mirvac exec stole taxi because he ‘feared for his life’
Brett Henson, now unemployed, told a court he was ‘petrified’ after two to five men surrounded him and told him they were part of the Muslim Brotherhood.
A former Mirvac executive who had spent the afternoon drinking at a popular Sydney establishment said he felt he had no other choice but to steal a taxi because he “feared for his life”.
Brett Henson, who is currently unemployed, told a court he was “petrified” after two to five large men - one of whom he described as six foot six - surrounded him and told him they were part of the Muslim Brotherhood, after he damaged a taxi door handle.
The 44 year-old has pleaded not guilty to taking and driving a conveyance without the driver’s consent, dangerous driving and driving under the influence of alcohol, with his legal team arguing he was “under duress” or believed his actions were necessary due to the threat of physical harm.
Police alleged in court that on November 4, 2022, Mr Henson stole a taxi from outside the Ivy precinct and then allegedly drove recklessly and intoxicated across Sydney before dumping the vehicle in Woollahra and walking to a friend’s house.
Footage from inside the stolen cab showed Mr Henson jumping in, locking the doors and putting on his seatbelt before driving off and running a red light.
Mr Henson gave evidence at a hearing on Monday that he had been drinking since about 1pm that day, and left the George street premises at about 8.45pm to get a taxi. When he grabbed the door handle, he stumbled on the curb and fell backwards, and was told by a passerby it was broken.
He said he told the taxi driver, Sayeed Ali Khan, to drive him home and “put it on the bill”, but Mr Khan insisted they go to an ATM first. Mr Khan “was trying to extort money” out of him, he said.
“It’s a door handle that’s a little twisted, you can get a screw driver and you can fix it,” Mr Henson told the court.
Mr Henson then jogged off, claiming Mr Khan was being “very aggressive” and that their dispute “could not be resolved”.
When he turned the corner onto George Street, Mr Henson recalled being “surrounded” by a group of men, one of whom he thinks was Mr Khan.
He said they told him to “give me your phone” in an “aggressive manner”. Mr Henson said he asked them who they were, before one man said “we’re in the Muslim Brotherhood”. He told the court he was “petrified”.
“I’m walking as fast as I can to get away from them … (but) because I’m being surrounded, I cant run,” he told the court.
He recalled at one point he asked them to call the police and they told him, “We are the police” and said he was “being pursued aggressively” for ten minutes.
“These guys are surrounding me over a period of time, covering a lot of distance. I’m trying to get rid of them saying ‘Leave me alone’, ‘Call the police’ … These guys are going ‘F--king get him’. They’re harassing me, they’re hounding me, I just want to go home,” Mr Henson said.
When they turned the corner onto Hunter street, he said he was “pushed to the ground” and fell onto his back.
“After a moment, I jumped back up and fled. I feared for my life, these guys would not leave me alone,” he said.
CCTV footage showed what appeared to be Mr Henson slowly getting up off the ground, buttoning up his suit jacket, and walking towards the cab rank.
He said he heard someone say “let’s f--king get him” and “kill him” before he jumped into Mr Khan’s taxi and drove off.
“I need to get away from here, there’s no other way I can escape … There’s no other alternative, this is my only option to escape these people,” he said.
Asked by his lawyer Paul McGirr what he thought was going to happen if he didn’t escape, he said: “I thought they were going to kill me. (I would) be the victim of a king hit. My family would be up here instead of me explaining it”.
Henson drove along Macquarie street towards the Harbour bridge then entered the Eastern Distributor to Moore Park road.
Police prosecutor Mark Philipson said the CCTV footage didn’t show a man who was “in fear of his life”.
Sergeant Philipson said if he had just escaped a group of men who told him they were part of the Muslim Brotherhood, he would have been sprinting, on the phone and calling out to passers-by.
“In my submission, while he was in the vehicle, there was no imminent peril, no serious risk of violence to Mr Henson’s safety ... (There were) other options available to Mr Henson and they continue to operate while he is in the vehicle.”
Henson was arrested in 2022 after NSW Police shared photos of him allegedly getting into the cab.
Magistrate Gregory Moore will hand down a decision on June 17.
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