Friday, 29 Nov 2024

Teenager killed ex-serviceman with one punch after racist comments

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Mohammed Al Aaraj, 19, was today sentenced to four years in a young offenders institution after admitting the manslaughter of 86-year-old Frank Fishwick. A court heard Al Aaraj committed the “classic one-punch manslaughter” by thumping the grandfather, who’d challenged Al Aaraj and three other youths for causing a nuisance outside his flat.

Al Aaraj left the pensioner bleeding heavily and he eventually went to hospital, where medics diagnosed multiple nasal fractures, blood clotting and a broken nose.

But Mr Fishwick, who served with the Royal Engineers, died in hospital from a haemorrhage.

Al Aaraj, a college student, appeared at Preston Crown Court today where a judge said the victim was “taunted” and killed in “terrible circumstances”.

Sentencing the teen, Honorary Recorder Judge Robert Altham said Al Aaraj had been subjected to racist comments  from Mr Fishwick during the row, reports Lancs Live. 

Sentencing the teen, Honorary Recorder Judge Robert Altham said: “Mr Fishwick’s family speak of their terrible loss by a violent and sudden killing in terrible circumstances. Mr Fishwick was a man who had served his country. His family speak of how precious he was. His family make the point that everyone deserves dignity in death and not be subjected to violence like this.

“Sadly it was not uncommon for residents in the paddock to have to speak to or rebuke young people. On this occasion these four young men gathered in the stairwell. My Fishwick went outside. He received cheek and they refused to move when they were asked to.

“Mr Fishwick was taunted. He was called ‘an old man with no teeth’. He responded with taunts he should not have used.”

 

Al Aaraj, who has one previous conviction for criminal damage to a car, hit the veteran with considerable force and fled with his mates on Saturday September 11, 2021, outside the flats in Preston, Lancashire.

Mr Fishwick’s family said, in a victim statement read in court today, that their relative “was taken in an inhuman and cruel act of violence”.

Al Aaraj was born in Syria and, as a young teen, saw someone shot by the Syrian army and was “treated terribly by his father”.

He moved to the UK and has since passed his GCSEs.

Chris Hudson, defending, said: “The defendant wanted to make a verbal apology from the dock but I feel that is a bridge too far. Take it from me, he feels genuine remorse and contrition. A number of people have written references to the court including his mother, partner and neighbours.

“This is a tragic matter for Mr Fishwick, 86, an ex-servicemen being confronted by nuisance teenagers. He didn’t deserve to die the way he did. It is tragic for Mr Fishwick’s family.

“It’s tragic for the defendant too. He has found prison very difficult, he has lost his job and genuinely fears he could be deported.

“It is tragic for his family – his mother has a real appreciation of the situation not only for her family but for Mr Fishwick’s family. She has attended loyally even though her English is limited. She is a woman of some substance and her reference is an important one.

“I don’t say for one minute the defendant was threatened with a knife. There may be some suggestion his foot made contact with his back. But if you punch an 86-year-old with enough force to break his nose you must expect consequences.”

The court heard Al Aaraj, who conceded he uses cannabis, immediately told his friends he “shouldn’t have done that” after punching Mr Fishwick.

Mr Hudson added: “It was one blow. As he walked away his own comment was ‘I shouldn’t have done that’ – particularly as in his culture there is respect to elders.

“It might be if and Fishwick’s treatment had taken a different course in hospital he may have survived. That doesn’t take away culpability – the defendant would still be facing assault charges. He has never denied using the blow or that it was over the top.

“He (Al Aaraj) has a difficult background and has been in work.

“It is fair to say he suffered terrible experiences as a refugee from war. He has seen his sister shot in front of him and others shot and killed. He was treated as a slave. As well as receiving warmth and kindness in this country he has faced racism and abuse.”

Speaking after the sentencing, Paul Robinson, Senior Crown Prosecutor at CPS North West said: “This is an extremely tragic case. Frank Fishwick had simply asked the teenagers to move on, had they done so, he would still be alive today.

“Frank was frustrated and used inappropriate language that cannot be condoned, but Mohammed Al Aaraj and his friends could have simply walked away, and they chose not to.

“I hope this case will serve as a reminder that violence can have devastating consequences and that one blow is enough to take someone’s life.

“Losing Frank has been devastating for his daughter who lives abroad. Sadly, she hadn’t seen her father for some time due to the pandemic. Nothing can make up for Frank losing his life in the way he did, I hope his family can take some comfort in knowing that Al Aaraj has been brought to justice for his reckless actions that day.”

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