Judge blasts Crown over Barking stabbing case collapse
A MAN accused of stabbing a father who nearly died shielding his teenage son from bullies walked free after prosecutors bungled the case. Bashier Hussein, 20, was due to stand trial for knifing Everald Carter at his home in Barking, where a mob of up to e
A MAN accused of stabbing a father who nearly died shielding his teenage son from bullies walked free after prosecutors bungled the case.
Bashier Hussein, 20, was due to stand trial for knifing Everald Carter at his home in Barking, where a mob of up to eight thugs arrived baying for his son's blood.
Brave Mr Carter refused the yobs entry to his Hurstbourne Gardens house and was stabbed in his right leg and groin area.
He suffered a six inch wound and was only saved by paramedics who raced to the scene, the court heard.
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Hussein, who was 18 at the time, was arrested for the 2007 attack which was allegedly sparked by an earlier playground incident involving a firework at Leyton Sixth Form College in east London.
But Judge Peter Birts QC was forced to throw out the case after 'hopeless' Crown Prosecution Service lawyers repeatedly failed to provide the defence with transcripts of witness statements.
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Judge Birts told Snaresbrook Crown Court: 'There was a most appalling incident in the home of the complainant Mr Carter.
'As a result of which he was very seriously injured by a large knife.
'It is said that the defendant was responsible for wounding the complainant Mr Carter.
'Perhaps because of his very serious injury, from which he nearly died, it seems he was unable to identify his assailant.
'But there is identifying evidence from his wife Michelle Carter and there is a statement from the son which also shows that he identified the defendant as the assailant.'
The judge said a video interview with Mr Carter's son in which he singled out Hussein as the knifeman was of poor sound quality and his account was inconsistent.
CPS lawyers had already been blasted by Judge Timothy King last month for failing to supply transcripts to Hussein's defence team after several months of asking.
At the February 26 hearing, Judge King described the fiasco as 'a hopeless dereliction and neglect in the preparation of the case'.
Judge Birts, echoed the remarks and said Hussein's barrister David Owen-Jones would have been unable to fairly cross-examine Mr Carter's son in court without the transcript.
The judge fumed: 'The transcript has been sought by the defence solicitor for months, and still has not been done.
'Today I am told by Mr Owen-Jones that not only is there no transcript, nor are there transcripts of other witnesses.
'I regard it as an unjustifiable delay and in some respects an intentional failure to comply with the court.'
Hussein, of Barclay Road, Plaistow, east London, denied wounding with intent to do grievous bodily harm and affray