A takeaway worker who stabbed a ‘bully’ during a broad daylight attack on the Curry Mile has avoided jail.
Zehn Khalique says he was acting in self defence and trying to protect his dad, Sarfraz Khalique, when he plunged a kitchen knife into the leg and buttock of a customer at the Jungle Grill in Rusholme.
The incident landed both men, and their employee Nico Wilson, in the dock at Manchester Crown Court on Thursday.
All three walked free from court, but were warned that their behaviour was “wholly unacceptable” and were told to seek “alternative solutions” if a similar incident arose in future.
A judge accepted that the victim was “part of a gang” that had subjected Zehn Khalique to previous “bullying attacks” and that the victim had himself brought a knife into the Wilmslow Road takeaway last summer.
As such, Judge Elizabeth Nicholls said she was able to suspend Zehn Khalique’s custodial sentence of 15 months.
The 21-year-old wept in court as she told him: “Normally a man who takes a knife onto the street and uses it can not expect a suspended sentence.
“You are a very young man with no previous convictions.”
Judge Nicholls said Zehn Khalique suffers from post traumatic stress disorder as a result of ‘traumatic episodes’ in his younger days.
She added: “I accept that the victim was known to you and had subjected you to violence and intimidation in your young life.
“In light of these very specific and particular circumstances I can suspend the sentence.”
Prosecutor Daniel Calder told the court how the victim in the case had entered the Jungle Grill – owned by Sarfraz Khalique just before 5.30pm on July 29 last year.
The victim, who was with his girlfriend, began to swear and shout before producing a knife – described as the “catalyst” for the incident.
CCTV footage captured outside the takeaway shows the victim being knocked to the ground and a group of men “descending upon him”.
The footage shows Zehn Khalique making four stabbing motions.
The court heard how the youngest defendant gave the knife to his father, who disposed of it.
The victim then fled from the scene and was helped by people in a nearby cafe but was pursued by all three men, the prosecutor said.
He suffered four cuts – two to his thigh, one to his buttock and one to his “left flank”.
All three men put forward a basis of plea with Sarfraz Khalique, 46, stating that he was acting in self defence when the victim became abusive.
He tried to remove him from the takeaway and the victim produced a knife and an altercation started, the court heard.
Wilson, 25, says he swung a single punch which knocked the victim to the ground and then kicked him.
While Zehn Khalique states that he had previously been threatened by the victim – who came into the takeaway “shouting, swearing and wielding a knife”.
When his father showed the victim out, Zehn Khalique saw a knife and picked up a cutlery knife from the kitchen himself and ran outside and stabbed the victim to protect his father.
The crown accepted that the victim – who has since withdrawn his support for the prosecution - had previously “bullied” Zehn and at one point had a knife with him.
Both Sarfraz Khalique and Nico Wilson pleaded guilty to violent disorder.
They were each handed 12 month community orders.
Khalique must carry out 150 hours of unpaid work and Wilson must carry out 140 hours of unpaid work. Both men must also carry out rehabilitation activity orders.
Zehn Khalique pleaded guilty to violent disorder, unlawful wounding and being in possession of a bladed article.
He was handed a 15 month jail term which has been suspended for 18 months and ordered to carry out a 25 day rehabilitation activity order and 150 hours of unpaid work.
Judge Nicholls told the three men: “This conduct was wholly unacceptable. You all knew that it was frightening to people on the street. It was not acceptable.
“If these circumstances arise again you must look to alternative solutions.”
Speaking directly to Zehn Khalique, the judge said she accepted the victim was known to him because “he had been part of a gang who subjected you to a succession of bullying attacks.”
She said the group saw the need to remove the victim from the takeaway when he produced a knife but added: “Once the victim has fled and there was no real threat anymore you as a posse decided to go looking for him to pursue him.”
Mark Kellet, defending Sarfraz Khalique, described the incident as a “spontaneous reaction” to someone who had subjected the father and son to provocation.
He said the father feels “remorse and shame” and since his “misspent youth” has done a lot for the community, employees local youngsters and is “a hard working man” who supports his children, and cares for his mother, who has dementia.
Adam Watkins, defending Nico Wilson, said the defendant’s involvement in the attack lasted less than ten seconds.
Though Wilson accepts he threw the first punch, it was in self defence, he said.
He added that Wilson has worked with other younger and more vulnerable members of the community and “is a young man show has a great deal to contribute to society”.
Gemma Maxwell, defending Zehn Khalique, said her client has not coped well with his time in custody while on remand and has no previous convictions.
Zehn Khalique accepted causing the injury by way of stabbing, but, Ms Maxwell said, the offences was born out of “a degree of provocation by the victim”.
“He panicked and saw his father was in very real danger. So far as he was concerned he had a knife,” she added.
Ms Maxwell said Khalique could have grabbed any knife from the well-stocked kitchen but chose the smallest one.
