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I don't think this is an easy one to call - Munir and Toker Hussain didn't look for trouble it was brought to them and they would not be where they are if Walid Salem and his accomplices had not broken into their house and outraged them. I think Michael Wolkind and Judge Reddihough were both correct - it IS a tragedy for Munir and Toker Hussain, especially the older man who was a respected local Asian, however it WAS excessive to give low-life Walid Salem brain damage with a cricket bat – it must have been a furious attack. The law allows people to use reasonable force to protect themselves but attacks motivated by revenge and intended to cause injury are unlikely to constitute reasonable force. According to The Guardian, which lists similar cases (see: http://www.guardian.
co.uk/uk/2009/dec/14
/jail-brothers-burgl
ar-cricket-bat) Mr Wolkind said outside the court that ‘The court was unable to sentence Walid Salem with sufficient harshness, or Munir and Tokeer Hussain with sufficient compassion’. As Walid Salem, who had 50 convictions, was able to escape jail because of his injuries I would like to see the Hussain brothers’ sentences suspended on appeal.

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Munir Hussain and brother Tokeer convicted over Desborough Park Road, High Wycombe GBH attack

11:00am Tuesday 15th December 2009

By Oliver Evans »

BROTHERS Munir and Tokeer Hussain were jailed yesterday for a ‘revenge’ attack that left a man with brain damage after their family had been held at knifepoint by a gang of men.

Michael Wolkind, defending Munir, said the ‘pillar of the community’ was the “real victim” in the case.

Munir, 52, was yesterday jailed for 30 months for grievous bodily harm with intent while his brother Tokeer, 35, was jailed for 39 months for the attack.

They had faced a maximum of seven years, but were given shorter terms because of provocation, the judge said.

Their victim Waled Salem, 56, from Boreham Wood, was among a group of three men who threatened Munir and held his family at knifepoint on September 3, 2008.

Munir, a former Wycombe Race Equality Council chairman, overpowered Salem and he and four men assaulted him in the front garden of a nearby house, the court heard.

Salem suffered brain damage and fractures, including a skull fracture, during the attack.

The two brothers had pleaded not guilty at a trial in September.

Judge John Reddihough said it was “ironic” that the attack had left their victim unfit to plead for his knife attack, sparing him a “very long” period in jail. Salem was given a two-year supervision order.

Judge Reddihough told them: “It may be that some members of the public or media commentators will assert that the man Salem deserved what happened to him at the hands of you and the two others involved and that you should not have been prosecuted and need not be punished.

“However, if persons were permitted to take the law into their own hands and inflict their own instant and violent punishment on an apprehended offender rather than letting justice take its course, which are the hallmarks of a civilised society, it would collapse. The courts must make clear that such conduct is criminal and unacceptable.”

There was “no allegation” against them “defending their own home or family or of the force used by either of you in apprehending Salem” he said.

But the men were wrong to arm themselves with weapons including a hockey stick and cricket bat and attack a “defenceless” Salem.

A neighbour urged them to stop and said Salem would be killed, he said. But they continued “like a pack of animals” and it was “fortuitous” he did not die, Judge Reddihough said.

He said: “You involved yourselves in a terribly violent and unnecessary assault on Waled Salem which amounted to a revenge attack.”

But he said: “The prison sentences I pass upon you are very significantly shorter than would have otherwise been imposed by reason of the degree of provocation involved.”

Factors he had taken into account included their “excellent” characters and “enormous contributions to your local community”, he said.

Tokeer received a longer sentence because he had been subject to “less provocation” the judge said.

Previously, Mr Wolkind, defending, said prison was “simply the wrong result” and warned “traumatised” Munir would try and take his own life if he went to prison.

The effect on his business would be a “tragedy for the local economy”, he added.

Wycombe MP Paul Goodman declined to comment.

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