Lady Justice Wept Today

I've been very vocal and passionate about this issue since it hit the headlines. To summarise my views, I think courts should take into account the existence of a very primordial urge in all of us to protect who we love.

The Story
Two brothers, Munir and Tokeer Hussain, beat down an escaping burglar who held their family against their will. The burglar, along with his balaclava-wearing accomplices, ambushed the Hussains upon their return from the mosque during the Muslim holy period of Ramadan, tied them up and held them hostage at knife-point. The burglars made the Hussains lie face down and threatened to kill the Hussains many times during their imprisonment. The burglars beat the older males repeatedly and forced them to crawl on their stomachs from room to room. At one point, Munir believed the burglars had killed his younger son.

These two courageous men managed to escape and run off the thieves. Upon catching up to the burglar (who has 50 previous convictions and was armed), they naturally pummelled him with a cricket bat. The bat broke in three places form the force and the escaping burglar sustained some brain damage.

Imagine, if you will, yourself as a father. Imagine being powerless to protect the people you love most in the world. Imagine being repeatedly kicked, beaten, taunted and threatened. Imagine hearing your wife and your daughter begging and pleading,s cared out of their wits and imagine hearing your sons being subjected to similar treatment. Imagine you manage to escape, thinking your youngest son has been killed. Imagine you manage to get close enough to one of those people.

Can you say you would've exercised restraint? Didn't think so.

Munir Hussain was sentenced to 30 months, commuted to a 12 month suspended sentence. Tokeer was sentenced to 39 months, commuted to 24 months. The court insists it is trying to discourage vigilantism. I think Munir's conviction should have been squashed - extreme provocation should be an absolute defence. Tokeer should have received a much shorter sentence. They are neither violent men nor vigilantes. They simply did what they had to do in the circumstances. Burglars should prepare themselves for any eventuality when they decide to invade someone's home and rob them of their sense of security.