Kurdish restauranteurs acting in self-defence were acquitted of affray and possession of offensive weapons on a submission of no case

Tuesday 3 October 2017

Lalith de Kauwe represented the father and was instructed by Mohsin Ariff, Lloyds PR Solicitors; and Tom Wainwright represented the son and was instructed by Guven Ates, Morgan Has Solicitors. The judgment was given on 20th September at Wood Green Crown Court.

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The defendants were of good character. They ran a popular Kurdish Restaurant in Stoke Newington High Road and were attacked late at night as they were closing up by a group of men who were armed with weapons.

The defendant and his son had courageously defended themselves by seizing poles that were the alleged offensive weapons from their assailants. Instead of being commended they were arrested and charged on the basis of CCTV evidence.

Their defence was self-defence, defence of another and defence of property.

The defence contended that the police had failed to conduct a proper investigation by analysing the CCTV and the Crown Prosecution Service had failed to charge the real perpetrators of the violence namely the four assailants who had also been arrested but NFA'd.

Lalith de Kauwe and Tom Wainwright are members of the Garden Court Chambers Crime Team.

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