A BUSINESSMAN jailed for attacking an intruder after the lives of his family were threatened by knife-wielding thugs in their own home was freed by the Court of Appeal today.
Lord Chief Justice Lord Judge, and two other judges in London, showed "mercy" to Munir Hussain, 53, of High Wycombe, Buckinghamshire.
They overturned his 30-month jail sentence, replacing it with a two-year term, but ordered that it should be suspended.
Hussain's brother Tokeer, 35, had his 39-month jail term reduced to two years.
The brothers, described as family men at the heart of the local community, were jailed after being found guilty of causing grievous bodily harm with intent.
Neither man was present in court for the ruling.
The decision to free Munir Hussain, who was jailed in December, was made by Lord Judge, Mrs Justice Swift and Mr Justice Sweeney.
But they rejected his bid to appeal against the conviction.
Lord Judge said the case of Hussain was one of "true exceptionality".
A sentence of two years was in itself "merciful", but he added: "We have come to the conclusion that we have ample justification for ordering that it should be suspended."
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Hussain, his wife and children returned from their mosque during Ramadan to find intruders wearing balaclavas in their home.
They feared for their lives as their hands were tied behind their backs and they were forced to crawl from room to room.
Hussain escaped and with his brother Tokeer chased the offenders down the street in High Wycombe, bringing one of them Walid Salem to the ground.
Salem was left with a permanent brain injury after he was hit so hard with a cricket bat it broke into three pieces.
He was attacked on the ground when "completely defenceless" and his injuries included a fractured skull, a fractured jaw and ribs.
Hussain's retaliation was described at his original trial at Reading Crown Court as a self-defence which went too far.
Salem was the only intruder caught after the incident on September 3, 2008, but his injuries meant he was unfit to plea after being charged with false imprisonment.
He was given a two-year supervision order.
Exceptional
Barristers representing the brothers, who live near each other in High Wycombe, had urged the court to show mercy in an "exceptional" case.
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.
"It is also clear that the violence to which Salem was subjected was not designed to ensure that he was detained and somehow kept pending the arrival of the police to be handed to them.
"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 that it was."
