Judge calls racist assault VICTIM Ricky Brown 'stain on society' as three sentenced for Newquay kebab house attack

Three men who were involved in the beating of a racist homeless man have been spared jail after a judge called the victim “a stain on our society”.

Alex Neseri, 27, Daniel Robinson, 18, and Ross Burgess-Simpson, 35, all from Newquay, were three of eight culprits who launched an attack on Ricky Brown in the town in the early hours of New Year’s Day 2017.

Neseri was working in Central Grill when Mr Brown entered, racially abusing staff and calling them “suicide bombers” before smashing the shop’s window and hurling a brick through the window of its delivery car.

He was then chased by the group of eight before being knocked to the ground and kicked to the body and head.

Neseri and Robinson had been on trial at Truro Crown Court this week and were convicted unanimously by a jury of one count of attempting to inflict grievous bodily harm, whereas Burgess-Simpson earlier admitted assault occasioning actual bodily harm and common assault.

The common assault charge related to an incident three days later when Burgess-Simpson walked past Mr Brown in a doorway and reacted to a comment he is said to have made by standing over him and slapping him and telling him to leave town.

During the sentencing hearing Judge Robert Linford outlined the facts of that morning before slamming the conduct of the victim.

He said: “It was the early hours of New Year’s Day morning last year and Ricky Brown was out and about in Central Square.

“Initially he was just being a nuisance but very soon that behaviour deteriorated into him uttering threats and hurling vile racial comments to people in Central Grill.

“Alex Neseri you were helping out in the shop. Mr Brown called people working there "(a racist term) and suicide bombers” and followed those words up by trying to break the window by hitting it with a plant pot.

"At first he didn’t succeed, but then returned with a larger pot and smashed the window.

“Mr Neseri you went to assist and clear up the glass and while you were doing so Mr Brown hurled another stream of abuse before picking up and throwing a brick at you that you managed to dodge, the brick smashing the shop sign.

“You still managed to keep your calm, but when Mr Brown smashed the window of the shop delivery car you eventually saw red and chased him

"You were joined by a gang of seven or so and chased him 150 yards and brought him to the ground before each of you in your own way set about kicking him. Why you other two chose to get involved I do not know.”

Judge Linford described how Burgess-Simpson kicked Mr Brown in the body once before stopping and pulling people away, whereas Robinson punched and kicked Mr Brown in the head several times and was one of the last to leave.

He added that Mr Neseri kicked him to the head before stamping on Mr Brown’s head, but also ushered people away afterwards. Remarkably Mr Brown escaped without injury.

“Ricky Brown’s evidence was so bad, dishonest and littered with racism that it made difficult listening,” added Judge Linford.

“I had to warn him that the court was not to be used as a forum for his racist views and I’m surprised he hasn’t been prosecuted himself.

“Mr Neseri your assault was the most serious, but quite how you and your colleagues in that grill kept your cool for so long was remarkable.

“Daniel Robinson you are in serious need of growing up or you’ll end up like Ricky Brown. Your demeanour during the trial was worrying as you sat about in the dock lounging about and laughing.

“Ross Burgess-Simpson you are a hardworking man although you have had problems with alcohol. You kicked Mr Brown once before pulling people away and I’ve read references that speak highly of you.

“You Mr Neseri are older and far more mature. You fled a terrible dictatorial regime following the killing of your brother and came to the UK seeking asylum. You’ve done what you can to make it in this country and are awaiting a decision on asylum.

“You were making your way here until Ricky Brown came your way. Although this was a very terrible attack this country should welcome people such as you and I’m sorry that Ricky Brown is such a stain on our society and made you react the way you did.”

In Robinson’s defence it was heard that he was no stranger to the local police, but had had a disrupted childhood which saw him given up for adoption and expelled from school.

He is now at college and hopes to join the army.

Defence barrister Jo Martin said that Burgess-Simpson was very remorseful for his behaviour and accepts he went over the top.

Burgess-Simpson was given a community order whereby he must complete 180 hours unpaid work.

Both Neseri and Robinson were given two-year prison sentences suspended for two years and ordered to complete 200 hours and 140 hours unpaid work respectively.

Robinson must also attend a 15-day thinking skills programme and 15-day rehabilitation activity requirement.