MUNIR Hussain, the businessman jailed for attacking an intruder who was part of a gang which threatened his family at knifepoint, said this week: “The justice system has failed us”.

He spoke after welcoming news that a ruling from the Crown Prosecution Service meant his nephew, Wahleed Hussain, would not have to face a retrial.

A jury last September was unable to reach a verdict over a charge of grievous bodily harm with intent against 20-year-old Wahleed and he was due to be retried this month.

Wahleed's two uncles, Munir and Tokeer, were jailed after being found guilty of the charge. Munir was released after having his sentence suspended following an appeal.

On Monday the Crown Prosecution Service announced it would not proceed with the retrial of Wahleed as it was “not in the public interest”.

During a hearing at Reading Crown Court the charge against Wahleed, which he had pleaded not guilty to, was asked to be left on file.

Munir hailed the ruling as a “victory for common sense” this week and told the Bucks Free Press: “The family are pleased that the case against Wahleed has been dropped. The crime committed against us could have happened to any other householder.

“The whole nation stood up and supported us as everyone recognised that these criminals could have walked into their house as well.

“The justice system has failed us and it has failed the country as we should never have been charged.”

Paul Harrison, head of the Complex Casework Unit for CPS Thames and Chiltern said a retrial for Wahleed, who was a “young man of good character”, was no longer in the public interest.

He said that any court is likely to follow the Court of Appeal's lead and take a “merciful view”.

The three members of the Hussain family stood trial accused of attacking Waled Salem, who was a member of a gang which had broken into the Hussains' home in Desborough Park Road and threatened family members at knifepoint.

Munir and Tokeer were jailed after being accused of chasing Salem and beating him in the street following the raid. Both men appealed their convictions and sentences to the Court of Appeal.

Although their convictions for grievous bodily harm with intent were upheld, their sentences were reduced - with Munir having his suspended but Tokeer remaining in jail serving a two-year sentence.

Salem was unable to face trial because of the injuries he was said to gave sustained in the attack and was given a supervision order.

Munir this week also criticised the fact that Salem had not been jailed for his part in holding the Hussain family against their will.