A JUDGE has slammed the justice system after he was forced to let three violent thugs go free because their case took three years to go to court.
Crown court judge Simon Carr gave the trio suspended sentences despite being found guilty of leaving a former employee with serious injuries over an unpaid debt.
Takeaway owner Abul Azad, 49, and friends Shahedul Bhuyia, 53, and Abul Hannan, 41, avoided prison after the judge launched a blistering attack on what he described as “disgraceful” delays processing the case.
He said he had to take into account how long they had been awaiting trial for what he described as a “straight-forward case.”
And speaking after the case authorities claimed that decades of cuts meant the whole legal system in England and Wales was “crumbling.”
The trio drove from their home in Plymouth, Devon, to Truro, Cornwall, in the early hours of December 16 2016, went into the room of former Roopnogar employee Abdul Basit and attacked him, leaving him with a broken jaw that needed surgery.
A jury convicted them of grievous bodily harm last week.
They returned to Truro Crown Court for sentencing on Wednesday and Judge Carr said the case had clearly crossed the custody threshold.
BROKEN JAW
But the defendants walked free after he suspended their 15 month prison sentences for two years.
The judge said: “There is a feature of this case I cannot ignore. This case took two years and nine months to go before this court. That is a disgrace. That is not in any way your fault.
“It’s evidence of a system having gone beyond the point of collapse that a straightforward case takes so long to go before a court.
“You have had these allegations hanging over you for almost three years.
“I accept that this has had a very real effect upon you.
“It is that punishment which allows me to suspend what would have otherwise been an immediate custodial sentence.”
Judge Carr said that there is no doubt that the victim in the case owed them money that was borrowed and that police took no action.
He said that it was ‘one of the few truthful things’ the group had told the court.
“Therefore you sought community resolution,” he said. “I accept entirely that there is a well-established practice in the Bangladeshi community where people have meetings with those respected by the community to get to the bottom of disputes.
‘DISGRACE’
“Although I think that was at the back of your mind that day, the fact that you chose to go to see him at 2am that day, and more, that you did not tell him that you were coming means that there was more to that.”
He added that, although he agrees with the jury that the three men had no intention to physically harm the victim before they saw him, they did intend to bully him.
He described how the victim remembered hearing ‘Get the money any way you can’ before being assaulted.
Judge Carr said: “The worst of [the injuries] was a significant fracture in his jaw that required surgical intervention.
“You left him bleeding in his room.”
Judge Carr also repeatedly referenced to the three men lying to the jury.
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They must also complete 100 hours of unpaid work within the first year, pay £1,000 in compensation to the victim and £500 pounds towards prosecution costs.
Speaking outside the court, the officer in charge of the case, Det Sgt Mark Jenkin, said there were “delays in getting cases to the Crown Prosecution Service and delays in getting cases to court”.
Simon Davis, president of the Law Society of England and Wales, said decades of cuts meant the whole legal system was “crumbling”.
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