Two men facing prison for 'pack attack' over scarf

Saturday, October 24, 2009, 09:30

Two men have been found guilty of taking part in a "pack" attack on a victim, who was punched, kicked and stamped on.

Violence erupted after the victim, who was seriously injured, refused to hand back a scarf he had just found outside Liquid nightclub in Leicester city centre.

The 35-year-old man's jaw, right cheekbone and eye socket were fractured.

He underwent surgery to have four metal plates inserted in his face and needed metalwork on his teeth to keep them in place.

Iftakhar Ali Ismail (34), an airline steward, and Nasar Ali Mahmood (22), unemployed, were both convicted by a jury on majority verdicts of inflicting grievous bodily harm with intent on November 1.

Ismail's school teacher brother Yousaf Ali Ismail (29) was found not guilty.

All three had denied the charge.

The incident happened as the victim walked along New Road, towards Gravel Street, with two friends at about 3 am.

The scarf he picked up belonged to Iftakhar Ismail, who was with his two co-defendants.

Philip Gibbs, prosecuting, said they lost their temper and punched the victim who ended up unconscious on the ground.

Up to eight others men also joined in, it was claimed.

The injured man has no memory of the incident other than waking up in hospital, Leicester Crown Court was told.

Mr Gibbs told the jury: "The defendants punched him causing him to fall to the floor.

"They were extremely aggressive and proceeded to kick him on the floor

"Other Asian men joined in and began kicking him.

"It was like a pack gathered together, but the main aggressors were the defendants, who continued to kick him even after the pack joined in."

Prosecution witness Robert Williams told the jury that he, the victim and another friend, all from Earl Shilton, had taken a taxi to the nightclub and enjoyed the evening.

As they were leaving, the complainant found a scarf on the ground outside, but refused to hand it back when approached by the defendants.

Mr Williams said he and his friend were urging the complainant to give it back.

He said: "They got quite heated and started pulling at the scarf.

"He was punched to the head. I believe he was knocked unconscious. Others joined in, seven or eight of them.

"He was repeatedly kicked and punched, mainly to the head.

"There was stamping as well, on his head."

Mr Williams estimated up to 25 blows were delivered, of which half were kicks or stamps.

He added: "I was trying to fend off one of the men and my other friend was doing the same; we couldn't do anything else. We were completely helpless."

He claimed the original attackers remained at the scene when the police arrived, although others who joined in had gone.

He pointed them out to the police and they were arrested.

The jury acquitted Yousaf Ismail after accepting his defence he was the victim of mistaken identity and was wrongly said to have had a beard when he was, in fact, clean shaven.

The defendants all said they caused no injuries and used no violence, and those who ran off to avoid arrest were the people responsible.

Mr Gibbs said a spot of the complainant's blood was found on Mahmood's shoe and two spots on Iftakhar Ismail's trousers.

In interview, Iftakhar Ismail, of Dogsthorpe Road, Peterborough, said he argued with the complainant and had a tug-of-war over the scarf but used no violence.

Yousaf Ismail, of Dartmouth Terrace, Bradford, said he had not punched or kicked anyone that night.

Mahmood, of Daubeney Road, London, made no comment to questions.

The case was adjourned until November 13 for pre-sentence reports to be prepared. Bail was granted.

Judge Michael Fowler told the two convicted men to expect prison sentences.













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