Nephew will not face retrial over cricket bat attack on burglar

The nephew of a man freed from prison by the Court of Appeal after attacking an intruder at his home will not face a retrial.

Prosecutors said it was no longer in the public interest to put Wahleed Hussain in the dock.

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His uncles, Munir and Tokeer Hussain, were convicted of grievous bodily harm over the incident in High Wycombe, Buckinghamshire, in September 2008.

Their convictions were upheld but sentences reduced after they went to the Court of Appeal in January.

Burglar Walid Salem was left with brain damage after being hit with a cricket bat in a case which fuelled the debate on the right of people to protect their homes.

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A jury was unable to reach a verdict on Wahleed Hussain after he stood trial alongside his uncles at Reading Crown Court last year.

Paul Harrison, of the Crown Prosecution Service, said it was not in the public interest to put him on trial again.

He said: "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.

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"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 decision follows a review of the case in light of the decision by Lord Chief Justice Lord Judge. Lord Judge described the case as one of "true exceptionality" with "extreme provocation".

Businessman Munir Hussain, 53, who was jailed for 30 months, had his sentence reduced to 12 months, suspended for two years, on appeal and was released. His brother, Tokeer Hussain, 35, is expected to be released in June after his 39-month term was reduced to two years on appeal.

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The pair were jailed for attacking the burglar after a raid at Munir Hussain's home.

Salem, 56, of Borehamwood, was chased by a group of men and struck with a cricket bat so hard that it broke into three pieces. His injuries included a fractured skull, jaw and ribs.

Munir Hussain, his wife and children had returned from their local mosque during Ramadan to find knife-wielding thugs wearing balaclavas in their house.

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They feared for their lives as their hands were tied behind their backs and they were forced to crawl from room to room.

In his judgment, Lord Judge said: "This trial had nothing to do with the right of the householder to defend themselves or their families or their homes.

"The burglary was over and the burglars had gone. No-one was in any further danger from them."

He added: "This is not, and should not be seen as, a case about the level of violence which a householder may lawfully and justifiably use on a burglar."