TWO men who launched an unprovoked attack on a reveller dressed as a superhero have been jailed.
Shajahan Ali and Mitchell Castro had just been thrown out of the Medina Club when they set about a passer-by in fancy dress as Batman’s sidekick Robin.
After raining punches on the then 19-year-old, they kicked and stamped on his head as he was on the ground, leaving him with a broken jaw and three fractured teeth. And when Superman came in to help, in the shape of the victim’s friend, he too was assaulted but only suffered minor injuries, Swindon Crown Court heard.
Ali, 23, and Castro, 22, denied racially aggravated grievous bodily harm and common assault but following a trial in March they were found guilty of GBH and assault, but cleared of any racial element.
The victim had gone out for the night with friends dressed as Superman, Spiderman Superwoman and Green Lantern outfits on Saturday April 25, 2015, to celebrate a mate graduating as a Royal Marine at Rifts and Co. He said the group had split up in the early hours of the Sunday morning with two going home and three of them heading to Regent Circus to get some food.
As they were by the Rendezvous on Prince’s Street just after 3am Ali and Castro were hurled out of the back door of Medina club.
Spiderman offered the men some of his chicken wings in a bid to calm them down, which they accepted.
After eating it he said one of them threw a bone at Robin, which hit him, and he asked why he had done it. He claimed Ali quizzed him about religion asking if he was ‘one of us’, saying when he told him he was Sikh not Muslim he attacked him.
Robin said he was punched first by the Asian man before both landed up to eight punches to his face. They then put him to the ground, he said, and landed six or seven kicks to his face and head with what he called ‘vicious force’.
His friend, Superman, came running back when he saw the attack and dived on to Robin, getting hit as he did so.
But the pair, who claimed they had not done it and it was a case of mistaken identity, carried on the attack only stopping when two passers by came to the victims’ aid.
As a result Robin had a broken jaw, which healed without an operation, and underwent a long series of treatment on his damaged teeth.
Peter Binder, for Ali, said the injuries did not appear to be consistent with the description of the attack adding his client, who still lives at home, was trying make a career for himself. Mark Sharman, for Castro, that the incident was out of character for his client, who hopes to do environmental studies and ecology at university,
Jailing them Judge Robert Pawson said “He was behaving in a perfectly proper, unprovoked manner. After you punched him the first time it became a joint attack. Each of you punched him repeatedly to the torso and the head.
“He described them as very, very, hard. You took him to the ground, after you took him to the ground you repeatedly stamped and kicked him.
“It was with vicious force in his words. It was in his words as if you were trying to severely hurt me.”
Ali, of Broad Street, got two years and eight months and Castro, of Highclere Avenue, The Lawns, two years and four months reflecting his lesser role.
The judge also commended Mr Curry saying he should be awarded £500 to commend his bravery in stepping in to protect his friend.