Two Birmingham brothers have avoided jail terms for battering a customer they believed had fled from their restaurant without paying.
Boss Jaminul Islam and his brother Foridul, a waiter, also took £20 from the victim’s wallet during the attack on the car park of the Bull and Spice in Nuneaton.
Warwick Crown Court heard there was a dispute over the bill but the victim – said by the judge to be a “big man” who was having a “robust meal” with friends – had stepped outside to get more cash.
Kevin Saunders, prosecuting, said the fracas was captured by a CCTV camera but the main issue was whether the victim “uttered racist remarks” and threw the first punch – which the defendants said was not shown on the recording.
Recorder Christopher Goodchild said the footage showed the man wandering round the car park, and Jaminul was the first of the brothers to assault him.
The brothers, admitted assaulting the customer, causing him actual bodily harm. Jaminul, 22, and Foridul, 32, were handed eight-month suspended jail sentences. They were also ordered to perform 120 hours of unpaid work and to each pay £150 costs.
