Set free: Man who beat armed intruder with cricket bat

Sentences reduced: Munir Hussain, right, who was freed, and his brother Tokeer
12 April 2012

A man jailed for hitting an intruder with a cricket bat after a knife gang held his family hostage was freed today after a public outcry.

The 30-month sentence imposed on Munir Hussain, 53, of High Wycombe, was reduced to two years and the term was suspended. His brother, Tokeer Hussain, 35, had his 39-month term cut to two years but will remain in jail.

Three Appeal Court judges ruled that the case was one of "true exceptionality". It was hailed as a victory by campaigners for the right of homeowners to defend their family and property.

Lord Chief Justice Lord Judge admitted the "calls for mercy" for the Hussains had been "intense and must be answered". Munir Hussain's son Awais said his family was "extremely grateful" to the judges for their decision, adding: "It will be great to have my father home immediately and my thoughts are with my uncle."

The brothers, described as family men and businessmen at the heart of their community, were jailed last month after being found guilty at Reading crown court of causing grievous bodily harm with intent.

Munir and his wife and children had returned from their mosque to find masked intruders in their home. He feared for their lives as their hands were tied behind their backs and they were forced to crawl from room to room.

He escaped after throwing a coffee table at the gang and enlisted his brother to help chase them down the street, bringing one of them to the ground. What followed was described in court as self-defence which went too far, leaving intruder Walid Salem, 56, with brain injuries after he was struck with a cricket bat so hard it broke into three pieces. Salem was the only intruder caught after the incident but his injuries meant he was not fit to plead after being charged with false imprisonment. He was given a two-year supervision order. However prosecution lawyers have now hinted they may reconsider charges against him as his condition has apparently improved.

Neither brother was present in court for the ruling. The decision to free Munir was made by the same judges who yesterday rejected his bid to appeal against conviction.

Lord Judge said the principle "that you cannot take the law into your own hands without punishment," must be upheld . He added: "The burglary was over and the burglars had gone. No one was in any further danger from them." There was no dispute that professional criminal Salem "was subjected to a very serious attack".

He added: "This is not a case about the level of violence which a householder may lawfully and justifiably use on a burglar. So far as both these appellants was concerned the purpose of their violence was revenge — to teach at least one of the burglars a lesson ... such violence is not lawful and no one at the trial suggested it was."

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