An Uber driver punched a transgender woman in the street then repeatedly jumped on a restaurant owner’s head because of the way one of his workers was dressed, a court has heard.
Hamdi Braiek ranted about God, Jesus and Muhammad while attacking the takeaway boss, a court heard.
The 34 year-old repeatedly stamped on the head of his victim, Mukhtar Hussain, 35, as he lay unconscious, after claiming a female staff member was putting her breasts on show.
Mr Hussain was left in a critical condition and may never fully recover as he needs round-the-clock care due to the seriousness of his head injuries. He was not even able to give evidence in Braiek’s trial, lawyers said.
Earlier in the evening, Uber Eats delivery driver Braiek, who has performed national service with the Tunisian army, attacked a transgender couple walking in the street and demanded to know whether what they were doing was in line with their religious beliefs.
At about 4pm on 30 May 2021, Braiek confronted Skye Baxter in Maidstone, Kent, with a transphobic rant about judgement day before swinging punches at her face and assaulting her friend, Alex Kerr.
Two hours later, Braiek went into Grill 91 in the town and complained a female member of staff “had her boobs out”, which offended him, adding it was “unprofessional”.
Mr Hussain and Braiek then walked to a nearby road when the defendant threw the first punch – claiming the victim told him he was armed with a knife. Police said no weapon was ever found.
The victim was critically injured and airlifted to Kings College Hospital in London where he was placed into an induced coma.
He underwent a CT scan which confirmed he suffered bleeds on the brain and was left so seriously injured he was unable to give evidence in court as he is still suffering a “significant cognitive impact” a year after the attack.
At Maidstone Crown Court, Braiek admitted causing grievous bodily harm with intent and was acquitted by a jury of attempted murder, a charge he had denied. He also pleaded guilty to two counts of battery.
Braiek was jailed for eight years and three months and will have to serve at least two thirds of the sentence before he can be considered for parole. After hearing of his sentence, the “remorseless” Braiek retorted: “Eight years and three months for defending myself.”
Braiek told his barrister he no longer held his prior view that trans people were out of line with religious beliefs “and accepts he misunderstood what the Quran was saying and he was wrong”.
Judge Julian Smith told him: “This was a wholly one-sided confrontation with Braiek acting as the aggressor throughout and has shown no remorse. This was naked aggression caused by him being challenged by Mr Hussein.”
The judge said CCTV footage had shown “real intent” by Braiek who stamped on the head when his victim was lifeless and unconscious.
Prosecutor Daniel Stevenson said: “At around 4pm in Fremlin Walk he punched victim Skye Baxter, who identifies as a woman, and [her] friend Alex Kerr. They were walking along Fremlin Walk minding their own business.
“The defendant took exception to Skye Baxter’s transgender appearance and questioned whether she was a woman, and whether her trans identity was consistent with a belief in God, Jesus, or Mohammed.
“Whatever his personal views were, he had no business expressing them to Skye Baxter.
“Skye Baxter responded robustly and provocatively to his transphobic questioning. She said she believed in a god.
“In response to this remark, the defendant launched an attack on Skye Baxter, swinging punches to her face. He then also assaulted Alex Kerr. Fortunately, neither were seriously injured.”
Later, Braiek told police he had assaulted the pair after he tried to warn them about judgement day. He later admitted the two assaults.
Two hours later at 6.30pm, Braiek went into Grill 91 in Maidstone and complained that a female member of staff “had her boobs out” which offended him. He said it was “unprofessional”, jurors heard.
Mr Stevenson added: “So he gave her words of advice because he was unhappy with the way that she was dressed. Again, you may think that the way in which a member of staff working in a hot takeaway restaurant chose to dress was absolutely none of his business.”
George Ayling, who works at the Society Rooms Wetherspoons Public House on the street where the attack happened, told how he saw the defendant rugby-tackling the victim to the ground before delivering several blows to his head.
The prosecutor added: “Mr Ayling saw Mr Hussain trying to get up, but he appeared dazed. The defendant continued to attack Mr Hussain, getting him in a headlock, or a chokehold, keeping him in this position for about 30 seconds.
“So far as Mr Ayling could see, Mr Hussain was unconscious because he was no longer moving or struggling.”
He told the court that “despite the victim’s incapacity” Braiek “increased ferocity”, stamping on Mr Hussein’s head several times.
The prosecutor added that Mr Hussein was until recently an inpatient at the Blackheath Brain Injury Rehabilitation Clinic, requiring one-to-one care.
Mr Hussain may never be able to return to paid employment and his wife was expecting their third child when the attack happened, Mr Stevenson said.
His wife told the judge in an impact statement: “It is heart-breaking to know my husband went through this. He was a healthy and hard-working man.”
Mr Stevenson told the court: “He remains profoundly cognitively impaired. He suffers from confusion and confabulation and does not have the capacity to give an account or to give evidence.”
Detective Sergeant Jamie Webb, from West Kent CID, after the sentencing hearing branded it a “brutal” assault. He said: “Hamdi Braiek was responsible for a brutal assault which has caused devastating and life-changing injuries to his victim, who is sadly no longer able to work and remains in need of constant care.”
He added: “Our investigation has shown that Braiek was also the perpetrator of several other incidents of wanton acts of violence in Maidstone. He is an offender who has demonstrated little if any remorse for his actions, and who has made excuses for his savage behaviour by blaming others. Today’s sentence will at least ensure Braiek no longer poses a threat within our communities.”
SWNS
