CPS not to proceed with retrial of Wahleed Hussain

29/03/2010

The Crown Prosecution Service has decided not to proceed with the retrial of Wahleed Hussain, who stood trial last year alongside his uncles for an attack on burglar Walid Salem near their home in High Wycombe, Buckinghamshire.

At Reading Crown Court this morning, prosecuting counsel John Price QC, asked for a charge of grievous bodily harm with intent against Wahleed Hussain be left on file. His uncles, Munir and Tokeer Hussain had previously been convicted of the attack on Mr Salem but a jury was unable to reach a verdict on Wahleed.

Paul Harrison, head of the Complex Casework Unit for CPS Thames and Chiltern said, "We have decided it is no longer in the public interest to have a retrial in the case of Wahleed Hussain.

"This is an exceptional decision, taking into account the fact that Wahleed Hussain, a young man of good character, is a much younger and a junior member of the family to his uncles and that any court is likely to follow the Court of Appeal's lead on sentencing and take a merciful view.

"We also considered the distressing effects of another trial on the wider Hussain family, some of whom might have to give evidence for the second time against a member of their own family."

Following the conviction of his uncles in September 2009, the CPS reviewed the case against Wahleed and decided at that time there was still a case to answer.

Both Munir and Tokeer Hussain appealed their convictions and sentences to  the Court of Appeal and in January 2010, the Lord Chief Justice upheld their convictions for grievous bodily harm with intent but reduced their sentences.

Mr Harrison said, "In allowing the appeals against sentence, the Lord Chief Justice made clear the Court of Appeal regarded the circumstances of the case as wholly exceptional".

"In light of the Court of Appeal's comments, the CPS decided it was appropriate to look again at the public interest in the case of Wahleed Hussain and after reviewing the case, decided not to go ahead with the retrial on the grounds of public interest."