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From the archive, first published Monday 31st Oct 2005.
A MAN who caused horrific injuries when he smashed a brick into the face of Noor Mohammed has walked free from court.
Jason Knight, 28, will have to do 160 hours of community service after admitting causing grievous bodily harm to the victim.
And his pal Kenneth Richards, 31, was left more than £1,000 out of pocket after he admitted common assault at Swindon Crown Court.
But a judge decided not to order the men to pay Mr Mohammed compensation after hearing how he had been throwing bricks, which hit them, before Knight attacked him.
Claire Marlow, prosecuting, said 35-year-old Mr Mohammed had gone out in the town centre on the evening of Thursday, March 24, heading home at 2am the following morning.
He was walking through the Fleming Way underpass at the same time as the two defendants who were with a girl who appeared to know Mr Mohammed.
In the middle of the roundabout she approached him and asked him if he had a cigarette.
However after an exchange of words Mr Mohammed squared up to Richards, pushing him, leading to the first offence of assault when he punched him back.
Miss Marlow said that Knight then got between the men and when Mr Mohammed punched him from behind he jerked his head back, recklessly butting him.
She said the men then walked away and told Mr Mohammed to do the same but minutes later they were aware of stones being thrown at them.
"Mr Knight heard a cry and turned to see Mr Richards on the ground. At that point Mr Knight felt a crack to his own head," she said.
He then gave chase and caught up with Mr Mohammed, taking his legs from underneath him and punched him.
She said that Knight found a bit of brick and concrete, some of which had been used by Mr Mohammed to throw at them, by his side.
"At that point Mr Knight went beyond what was self-defence by hitting Mr Mohammed with the brick," she said.
The woman then caught up and started hitting Mr Mohammed with her stiletto heel.
As a result of the attack Mr Mohammed suffered deep cuts to his forehead, to the right of his chin and his right elbow.
Knight, formerly of Stratford Close, Toothill, but now living at Sackville Close, Walcot, admitted grievous bodily harm and common assault and Richards, of Welcombe Avenue, Park North, admitted common assault.
Sarah Regan, for Knight, said: "It is clear that Mr Mohammed hasn't told the entire truth about the incident that evening."
She said that he claimed to have been chased by the three of them in spite of Richards having been felled by a brick.
"So far as Mr Knight is concerned it was not an unprovoked attack," she said, adding that Mr Mohammed was known to staff at accident and emergency as he had gone there with assault injuries in the past.
The court heard that Knight had his own blood running into his eyes and was under the influence of drink when he lashed out.
Virginia Cornwall, for Richards, said that her client was a father of two and in work. He had played a minor part in the incident.
Judge Tom Longbotham said that he was sentencing on the basis that: "Neither of you were to blame for the start of the incident, and that the ultimate victim squared up to Mr Richards."
Passing sentence, he said: "Any public order violence is serious and puts the perpetrator at real risk of going to prison."
But instead he told Knight to do the community service and pay £500 costs and fined Richards £900 with £110 costs.
He said that having heard the circumstances relating to the incident he was not awarding compensation but said the victim had the right to go though the civil courts if he desired.
It's justice defendant
JASON Knight said the judge's acknowledgment that he had been provoked and the fact he avoided custody showed justice had been done.
He said: "The truth came out in the end otherwise I would be in prison. It's a relief to all of us."
And his father, Peter, 52, of Walcot, said the incident had cost his son dearly.
He said: "It's ruined Jason's life. He was a plumber and he lost his job over it.
"There was a girl there at the time and he lost his girlfriend because of that.
"And they lived together so he lost his home and had to move back with us.
"The whole thing has really shaken him up. He doesn't go out much now.
"He knows what he did was wrong. He knows he went to far but I know he won't do it again.
"He had to have eight metal staples in his head after it and he was treated for concussion.
"He's still got a scar on his head. The whole thing has put us all on hold.
"Jason put his hands up and said he did it. But it wasn't unprovoked and the judge said so himself."
It's not justice victim
THE victim in the attack, Noor Mohammed, said that he felt let down by the outcome of the case and denied he had provoked the assailants.
He said: "I'm hurt with the outcome. I'm really disappointed because that's not justice.
"I'm still too scared to go out after what they did to me and I've still got scars from it.
"This is supposed to be their punishment but the courts have let me down and they've let everyone in Swindon down because if people think the can get away with this sort of thing they will do it again. This is not justice for me or Swindon.
"They have taken away my freedom. They have ruined my right to go out and I'm not happy with that.
"I came here from Somalia to get away from civil war. I came here for safety but I might as well just go back.
"I don't feel any safer here. What's to stop the same thing happening again?
"It was not provoked. I was just going to my home after a night out. I wanted to get home because I had to get up and go to work the next day but they stopped me going to work. They have stopped me living my life."
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