Four people, including a 70-year-old woman, have been spared jail after a "disgusting" display of violence "like a pack of animals" when a night of drinking descended into a brawl on a public path - with one defendant even being given time off her curfew to take a trip to Spain with her five-year-old daughter.
Margaret Docherty, 70, of Tweedale Street, and 42-year-old Lindsey Pollard, of Partington Street, were both at a party with 31-year-old Umar Ashiq, of Nicholson Street, to celebrate a neighbour's 40th birthday, drinking outside one of the flats on the Freehold estate in Rochdale on the night of September 12, 2020.
As the group partied, 25-year-old Akib Iqbal, of Halifax Road, headed towards one of the flats with Madasar Iqbal, who shared the home with his partner who had previously been in a relationship with Ashiq, and Madasar's partner. As the trio walked past the gathering, Madasar's partner made a comment to the group about Ashiq's wife, which sparked a "disgusting" display of violence that five people have now been sentenced for.
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A hearing at Manchester Minshull Street Crown Court on Thursday morning, June 23, heard that everyone involved had been drinking that night before the incident, which started to build just before 11.10pm. After both members of the Iqbal family returned to the flat, Docherty decided to confront Madasar's partner for her words, going up to the front door of their flat. After exchanging words, Docherty then punched Madasar with such force he fell backwards into his flat, and Docherty returned to the party.
Prosecutor Roger Brown told the court that this launched a much larger incident, after both members of the Iqbal family returned to the party minutes later, sparking a massive brawl. Madasar is seen on CCTV footage lifting his shirt, showing a weapon, before the footage shows the gathering descending into chaos.
Docherty and her son are seen arming themselves with chairs, before throwing them and smashing several windows, with Pollard rushing towards Madasar's partner and grabbing her by the hair, throwing her to the ground and attacking her repeatedly, before restraining her whilst Docherty landed "at least ten" punches to her head. Ashiq also kicked her twice as she lay on the ground, shortly after throwing a large metal object at the fight.
Mr Brown continued to describe the scene, saying Madasar had rushed Docherty's son as he turned his back on the fray, attacking him in the back of the head with a weapon and leaving him seriously wounded. Iqbal is seen on CCTV holding a plank as a weapon, and kicking out at Docherty's son on one occasion. Docherty's son, Pollard, and Madasar were all taken to hospital for treatment after the attack. Madasar's partner was, fortunately, not seriously injured in the assault.
His Honour Judge Mark Savill heard that Ashiq is a man of previously good character, with no criminal record. Iqbal has a previous conviction for battery as a youth, dating back over a decade ago, whilst Docherty has several convictions, including wounding in 1984 and common assault in 1995. Pollard also has several convictions for common assault, dating back to 1999 and 2010, and a conviction for obstructing a police officer in 2010.
Adam White, defending Iqbal, said: "Everybody had too much to drink and quite frankly it was like a pack of animals, it was a disgrace. This is a situation my client is not that familiar with and he's still working, married, has a child on the way and a young child who is several months old now so he's done some serious growing up since this incident."
Damian Zelazowski, defending Docherty, told the court his client had experienced a stroke, and was currently waiting for serious medical care in relation to that, before reiterating how sorry she was for the acts committed after she "lost her temper". Adam Watkins, defending Ashiq, urged the court to be lenient on his client due to his previous good character and the fact his involvement in the fight was relatively short, lasting just "ten seconds".
Gwen Henshaw, defending Pollard, told the court that her client's five-year-old daughter would be taken into care if her mum was sent to prison. She also asked for leniency for the mum, who has a mental health problem and has been affected by domestic abuse and "tragedy involving another child" in the past.
Madasar Iqbal, although referenced heavily in the proceedings, appeared before the courts separately to answer charges of wounding and affray in relation to his attack on Docherty's son. Judge Savill sentenced him to three years and seven months in custody at a hearing on May 5 this year. At Thursday's hearing, he imposed suspended sentences on all four defendants, ordering them all to take part in rehabilitation activity days and complete either unpaid work or follow a curfew.
Passing sentence, Judge Savill said: "They should go to prison, there's no doubt about that, but I find it very difficult to start with a 42-year-old woman with a five-year-old daughter who won't see her tonight for an offence committed two years ago. Were it not so serious it would almost be laughable. What is a 70-year-old woman doing in the dock?
"This quite disgraceful episode of disorder was confined to those who have been charged and those related to them. Quite what all of you thought you were doing on that night is completely beyond me. I can't impose as severe punishments on each of you as I might like because of your personal circumstances."
Addressing Pollard individually he stated: "Perhaps out of everybody you deserve to go to prison. It seems to me that this court, to some extent, is compelled to suspend the sentence because of the devastating effect sending you to custody would have on your five-year-old daughter. She would be torn from you and plunged into the care system."
All four defendants admitted a charge of affray.
Iqbal was sentenced to six months imprisonment, suspended for 12 months, and ordered to do 30 rehabilitation activity days and 150 hours unpaid work. Ashiq was also sentenced to six months imprisonment, suspended for 12 months, and ordered to complete ten rehabilitation activity days and 100 hours unpaid work.
Docherty was sentenced to ten months imprisonment, suspended for 12 months, and ordered to complete 15 rehabilitation activity days and abide by an electronically monitored curfew between 8pm-7am for three months. Pollard was handed 12 months imprisonment, suspended for 12 months, and ordered to complete 30 rehabilitation activity days, abiding by a curfew from 9pm-7am for three months.
Pollard will have her curfew lifted for 10 days in July to allow her to go on holiday to Spain with her daughter, before resuming the 12 week countdown afterwards. Both women will have mitigation, either for urgent medical care in Docherty's case, or to escape her violent ex-partner turning up at her house in Pollard's case, considered by the courts in case of any potential breaches.
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