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Munir Hussain, who was tied up by a gang of masked men in his own home, was sentenced to 30 months in prison for causing grievous bodily harm with intent to Walid Salem.
The 52-year-old was released in January after the Lord Chief Justice reduced his term to a 12-month suspended sentence saying he had acted under “extreme provocation”.
Hussain said: “The justice system has failed us and it has failed the country as we should never have been charged.
“The whole nation stood up and supported us as everyone recognised that these criminals could have walked into their house as well.”
Hussain was jailed in December alongside his brother, Tokeer, 35, who was sentenced to 39 months, after they chased Salem down the street and attacked him with a cricket bat, fracturing his skull, jaw and ribs, and causing brain damage.
Both men appealed their convictions and sentences to the Court of Appeal and earlier this year Lord Judge upheld their convictions but reduced their sentences.
Last week the Crown Prosecution Service said it was taking no further action against Hussain’s 20-year-old nephew, Wahleed, after a jury failed to reach a verdict on the same charges against him.
Hussain praised the decision as a “victory for common sense”.
He said: “The family are pleased that the case against Wahleed has been dropped. The crime committed against us could have happened to any other householder.”
Hussain, his wife and children, found the three intruders as they returned to their home in High Wycombe, Bucks, from a mosque in September 2008. They were tied up and threatened before Hussain escaped and attacked Salem.
Salem, 56, who has more than 50 convictions, was given a two-year supervision order.
The initial judgments caused a public outcry and Sir Paul Stephenson, the commissioner of the Metropolitan Police, said that people who injured others while defending their families or homes should be told that they would not face prosecution.
Businessman jailed for attacking burglar says justice system failed him - Telegraph
The 52-year-old was released in January after the Lord Chief Justice reduced his term to a 12-month suspended sentence saying he had acted under “extreme provocation”.
Hussain said: “The justice system has failed us and it has failed the country as we should never have been charged.
“The whole nation stood up and supported us as everyone recognised that these criminals could have walked into their house as well.”
Hussain was jailed in December alongside his brother, Tokeer, 35, who was sentenced to 39 months, after they chased Salem down the street and attacked him with a cricket bat, fracturing his skull, jaw and ribs, and causing brain damage.
Both men appealed their convictions and sentences to the Court of Appeal and earlier this year Lord Judge upheld their convictions but reduced their sentences.
Last week the Crown Prosecution Service said it was taking no further action against Hussain’s 20-year-old nephew, Wahleed, after a jury failed to reach a verdict on the same charges against him.
Hussain praised the decision as a “victory for common sense”.
He said: “The family are pleased that the case against Wahleed has been dropped. The crime committed against us could have happened to any other householder.”
Hussain, his wife and children, found the three intruders as they returned to their home in High Wycombe, Bucks, from a mosque in September 2008. They were tied up and threatened before Hussain escaped and attacked Salem.
Salem, 56, who has more than 50 convictions, was given a two-year supervision order.
The initial judgments caused a public outcry and Sir Paul Stephenson, the commissioner of the Metropolitan Police, said that people who injured others while defending their families or homes should be told that they would not face prosecution.
Businessman jailed for attacking burglar says justice system failed him - Telegraph
