A HIGH Wycombe man accused of attacking an intruder who threatened his family at knifepoint will not face a retrial.
A Reading Crown Court jury were unable to reach a verdict over a charge of grievous bodily harm with intent against 20-year-old Wahleed Hussain.
His 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.
Today 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 this morning the charge against Wahleed, which he had pleaded not guilty to, was asked to be left on file.
Paul Harrison, head of the Complex Casework Unit for CPS Thames and Chiltern said: “We have decided it is no longer in the public interest to have a retrial in the case of Wahleed Hussain.
“This is an exceptional decision, taking into account the fact that Wahleed Hussain, a young man of good character, is a much younger and a junior member of the family to his uncles and that any court is likely to follow the Court of Appeal’s lead on sentencing and take a merciful view.
“We also considered the distressing effects of another trial on the wider Hussain family, some of whom might have to give evidence for the second time against a member of their own family.”
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 them at knifepoint.
Munir and Tokeer were jailed after chasing Salem and beating him with weapons including a cricket bat in the street.
Salem was unable to face trial because of the injuries he sustained in the attack and was given a supervision order.
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.
Mr Harrison said: “In allowing the appeals against sentence, the Lord Chief Justice made clear the Court of Appeal regarded the circumstances of the case as “wholly exceptional”.
“In light of the Court of Appeal’s comments, the CPS decided it was appropriate to look again at the public interest in the case of Wahleed Hussain and after reviewing the case, decided not to go ahead with the retrial on the grounds of public interest.”
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