James Farmer, 28, of Munro Close, Swindon; Thomas Bound, 23, of Pebble Hill, Radley, Oxfordshire; Jedediah Burns, 22, of Shrivenham, Swindon; Adam Smith, 26, of Sideland Close, Bristol; and Jamie Dawson, 21, of Broadwater Place, Wantage, faced trial in April at Oxford Crown Court.
The group was found guilty of causing harm to Ahmed Chaouqi-Chemourek in Wantage on September 18, 2022.
While Burns, Dawson, and Smith were convicted of section 20 grievous bodily harm (GBH) without intent, Farmer and Bound faced convictions for section 18 GBH.
Dawson, the youngest, also pleaded guilty to a separate offence of affray at Magistrates’ Court at the earliest opportunity.
Thomas Smith, Adam’s younger brother, had charges of section 18 GBH and affray dropped. Another brother, James Smith, was also acquitted of affray.
Family and partners of the defendants attended the sentencing at Oxford Crown Court on June 4, showing their support.
The trial revealed that the group was celebrating an 18th birthday at Delaney’s nightclub in Wantage Market Square when the incident occurred. Find out more about local clubs and societies here.
The men, described in court as a ‘perfectly normal group of young people,’ were leaving the club on their way home when the situation escalated.
Testimonies detailed how two men, Ahmed Chaouqi-Chemourek and Brzouami Maaloum, behaved suspiciously and became troublesome for the group. Speaking in Arabic, they were not understood by the group. Maaloum also displayed aggression.
Shortly after leaving, Maaloum was seen running back towards the group with a ‘large kitchen knife,’ leading to a physical altercation. Thomas Smith kicked Maaloum’s hand during the skirmish, injuring himself and initially believed he had been stabbed.
The defendants used ‘excessive self-defence,’ though it was brief. Witnesses, including a street pastor, recounted fear for safety, with the pastor describing it as the most terrifying experience she witnessed.
Ben Sawyer, a doorman, attempted to intervene and disarm Maaloum, who eventually fled. It was at this moment, according to the judge, that the violence shifted from lawful to unlawful, lasting around 30 seconds before authorities were involved.
Judge Emma Nott noted the group might have reasonably assumed Chaouqi-Chemourek carried a weapon given his association with Maaloum.
Farmer and Bound were noted for ‘acting in response to perceived violence.’ James Farmer threw a traffic cone at Chaouqi-Chemourek, and Thomas Bound kicked him while Mr Sawyer was restraining Chaouqi-Chemourek.
Chaouqi-Chemourek suffered facial fractures and was treated at A&E at John Radcliffe Hospital. He later left the country for Spain, according to court reports.
For reasons unknown, Maaloum was not prosecuted, and neither man underwent forensic scrutiny. The victim did not testify or provide a statement, leading to frustration from the courtroom audience.
Statements from positive character references for the defendants, some of whom have children, were presented during sentencing. The case was described as ‘unusual’ and ‘exceptional’ by the defence counsel and echoed by Judge Nott, who commented, “None of you men were looking for trouble that night, trouble came and found you,” emphasizing the delay in bringing the case to trial.
Smith received praise for protecting his younger brothers in a life-threatening situation, and Burns was noted for his similar actions. Dawson’s guilty plea was also acknowledged.
Smith, Burns, and Dawson received a six-month conditional discharge and a victim surcharge of £26. Bound received a six-month suspended sentence and a mental health treatment requirement, with a victim surcharge of £154, reflecting on the traumatic events leading up to the incident.
Farmer received an 18-month custodial sentence, suspended for 12 months, along with a £187 victim surcharge, due to his perceived greater culpability and being on bail at the time of the incident.
Family and friends in the courtroom reacted with tears and relief when the sentences were announced. A £500 High Sheriff Award went to Ben Sawyer for his courageous actions. Thomas Smith was awarded a certificate of recognition for his bravery despite injury.
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