A TAXI driver found guilty of killing a man who died after a single punch walked free from court yesterday.

The Recorder of Middlesbrough, Judge Peter Fox, sentenced Mazhar Ali, formerly of Park Road in Stockton, to two years in prison for the manslaughter of Colin Arnold but suspended the jail term for two years.

Ali, 26, who now lives in Forestgate in London, denied the manslaughter of 34-year-old Mr Arnold, who died in the early hours of New Year's Day.

Teesside Crown Court heard earlier how Ali had been called to an address in Brignall Road, Stockton, but on his arrival was told no one needed a cab.

As Ali was leaving, partygoer Mr Arnold, who had been drinking heavily, went out of the house for fresh air and uttered a racial remark to the cabbie, who hit him with a single punch, causing Mr Arnold to fall to the ground.

Peter Johnson, defending, said Ali was full or remorse for what he had done and had been left to live with the fact that he had unlawfully taken the life of another human being.

Sentencing Ali, Judge Fox said the taxi driver had been going about his lawful business in the small hours of New Year's Day when he went to Brignall Road where he was told his fare had already left.

Ali, he said, was leaving the scene when, "regrettably", Colin Arnold, who was undoubtedly drunk, stepped outside the front door and uttered some racial abuse and had then walked down the path to the taxi.

Though provocation was no defence to manslaughter, said Judge Fox, there had been provocation and the most credible witness had confirmed that the defendant had been physically confronted.

The judge said a pathologist's report had revealed that two factors had led to Mr Arnold's death: they were the blow struck by Ali and the amount of alcohol consumed by Mr Arnold.

He said: "I must sentence you on the basis that it was a moderate punch, which, but for Mr Arnold's drink, would have ordinarily not caused him any serious harm."

Judge Fox said: "There must be a prison sentence to mark the unlawful death of Colin Arnold, yet the question arises as to whether these circumstances were so exceptional that I can suspend the sentence.

"I find just, but only just, that a prison sentence of two years be suspended for two years."