Brother spared jail for kicking sibling’s killer
AMAN has been spared an immediate jail term for punching and kicking a bar-goer who went on to stab his brother to death on a street in Cardiff city centre.
Hamza Khan assaulted Momodoulamin Saine, who pulled out a knife and inflicted two fatal wounds on Asim Khan following an argument about a spilled drink.
The judge yesterday told Hamza Khan that he was not to blame for his brother’s murder.
Speaking at Newport Crown Court yesterday, his barrister Christopher Rees said the circumstances were “truly exceptional”.
The incident happened on St Mary Street in Cardiff during the early hours of July 21 last year.
Hamza Khan and his younger brother Asim Khan were enjoying a night out with friends at Soda bar on Mill Lane.
They did not know Saine and Hamza Khan accidentally knocked over his drink, which Saine left on the floor of the smoking area as he lit a cigarette.
Around four hours later, Saine approached the brothers outside McDonald’s on St Mary Street and grabbed Hamza Khan’s drink from a bollard.
Mr Rees said Hamza Khan was “severely provoked” by
Saine, who racially abused the brothers.
Mr Justice Griffiths accepted Saine was “determined to provoke a fight”.
The pair chased him and Saine went to the ground with Asim Khan on top of him, then Hamza Khan kicked him.
Saine was not seriously injured and Hamza Khan was charged with attempting to inflict grievous bodily harm with intent.
The brothers did not know Saine was carrying a knife, which he pulled out and used to stab Asim Khan twice to the abdomen, before running off.
Saine, 28, of Bishopston Road in Ely, denied murder, but was found guilty by a jury after trial.
He was jailed for life with a minimum term of 24 years.
Mr Rees said: “He had his brother in his arms when he died. He is still grieving.
“It was, for him and his family, a life-changing moment.
“He will, of course, live with this loss for the rest of his life.
“The Khan family has lost one son. The court may consider the defendant’s mother and father enough.”
Mr Justice Griffiths told Hamza Khan: “I want to make it absolutely clear that the murder of your brother was not your fault. Not at all.”
The judge noted Hamza Khan had no previous convictions or cautions and was diagnosed with anxiety and depression. have suffered
Hamza Khan, 24, of Corporation Road in Grangetown, denied the offence on the grounds he was defending his brother, but the jury found he used excessive force.
He was given a two-year prison sentence, suspended for two years. He must complete 15 days of rehabilitation and comply with a threemonth curfew.