Abas Mukhtar was fined £1,000 for contempt of court after lunging at Duane Owusu during his murder trial at the Old Bailey – the judge called the scenes ‘outrageous’ and ‘unforgiveable’
The brother of profoundly deaf Zahwa Mukhtar launched himself at her killer in court during scenes a senior Old Bailey judge branded as “outrageous” and “unforgiveable”.
Judge Richard Marks KC was so “appalled” by witnessing the drama unfold before jurors that he commanded 28-year-old plumber Abas Mukhtar to pay £1,000 for contempt of court on February 25.
The incident occurred during the second week of Duane Owusu’s trial for murdering Young Vic Theatre finance assistant Ms Mukhtar.
The court was told how Owusu hurled Ms Mukhtar from an overcrowded Mercedes vehicle and struck her in the face, abandoning her to die in an east London street during the early hours of Saturday August 16 last year.
Earlier on February 25, Owusu, known as Nasty, had stepped down from the dock and entered the witness box to testify in his own defence.
Describing the events during a contempt of court hearing, Judge Marks revealed that Owusu was mid-testimony when the 27-year-old victim’s brother “got up from the seat at the side of the court and lunged at the defendant”.
He continued: “Other people in court, including Serco, intervened and prevented the defendant from sustaining any injuries.
“It was an ugly and sustained attempt at assault. Members of the jury were extremely shaken up by witnessing events and communicated to me they felt unable to continue with the trial today.
“I only hope they are willing and able to continue hearing the case as of tomorrow. If they are not, it will mean starting the case again at considerable expense and inconvenience.
“It goes without saying, having seen the incident at close quarters I was absolutely appalled by the incident. I have never in all my years at the bar seen anything like it.”
The judge, who holds the title of Common Serjeant of London, outlined that he had the choice of imprisoning Mukhtar and/or imposing a fine for contempt of court.
Defence barrister Charles McCombe offered apologies on behalf of Mukhtar for the disruption to the court, to jurors and his parents who had also attended the trial, and for “messing the trial up for his sister”.
The barrister said: “I am told he was overcome by anger as to what he was witnessing.
“It must be a very difficult experience listening to events of what happened to his sister. Things were said during the outburst.
“He is sorry for what he said and what he did.”
Mr McCombe revealed that Mukhtar had been imprisoned for wounding at the age of 18 and it was his late sister who had helped get his life back on track, enrolled him in a plumbing course and found him a place to stay.
He said: “Generally speaking this defendant has put his life back on track because of the contribution of his sister to a large extent.”
As the eldest sibling, Mukhtar had covered his sister’s funeral costs and contributed to the family finances, leaving him with little or no savings, the court was told. Mr McCombe explained that Mukhtar “still regards himself as in shock to understand what has happened to his sister and to fathom it”.
He described his client’s conduct as a “serious blip” rather than a “pattern of behaviour” as he continues to distance himself from his previous wrongdoing.
Imposing the fine, Judge Marks declared: “Your behaviour this morning was absolutely outrageous and unforgiveable.
“Whilst I fully understand the extent of your emotions for what happened to your sister, to behave in that way in the middle of the trial whilst the defendant was giving evidence is inexcusable and had potential to derail the trial.”
The judge revealed he had chosen not to jail Mukhtar only by “a narrow margin”.
He continued: “You will be excluded from the court building for the duration of the rest of the trial.”
The incident’s details can now be disclosed after Owusu, from Dagenham, was convicted of murder on Thursday.
Police officers stepped into the courtroom as the verdict was announced amid silence from the dock and the victim’s surviving relatives.