Shoplifter in fatal struggle at off-licence jailed for theft and affray

A SHOP assistant tragically died after he hit his head when he was knocked over as others struggled to restrain a thief, a court heard yesterday.

Abdul Karim Safi, 43, had gone to the aid of two other employees at Stanningley Wines in Stanningley Road, Leeds, who were holding on to Nathan Clark after he was caught stealing a bottle of alcohol.

Tim Stead, prosecuting, told Leeds Crown Court Mr Safi had armed himself with a pick-axe handle and struck some blows at the thief.

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In the struggle there then came a point where the other two employees holding the struggling Clark, fell over along with him.

“In doing so all three crashed into Mr Safi, the effect was to knock him over backwards. He fell heavily banging his head on the ground.”

He never regained consciousness and subsequently was found to have died as a result of the injury he received in the fall.

The Recorder of Leeds, Judge Peter Collier QC told Clark he should have submitted and accepted he had been caught and waited for police rather than struggling.

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Fortunately events had been covered on CCTV and after consideration of the circumstances the Crown Prosecution Service had, “rightly” in his judgment, accepted Clark was not criminally responsible for the death.

Clark, 23, of Wensleydale Avenue, Leeds, admitted theft and affray on March 19 this year and breaching a conditional discharge. He was jailed for a total of 17 months.

Nicholas De La Poer for Clark said his time in custody has been a salutary experience as he was initially remanded accused of wounding and was told he may face a murder or manslaughter charge until the true picture emerged. He had done courses in custody to prepare himself for a better life when he was released.