Sword attack man jailed

A Sidley sales assistant involved in the attack has been jailed for 21 months.

Angelo Lazarus, 21, was one of two men who chased after Leon Whyborne, 18, after newspapers outside the Londis store in Ninfield Road, where he worked, were set alight by youths.

Hove Crown Court heard how Mr Whyborne, a yardsman, has been unable to return to work after his hand was slashed, leaving it partly useless for the rest of his life.

At a trial last month, Lazarus was convicted of wounding but cleared of a more serious charge of wounding with intent after the jury failed to find he was the one wielding the sword.

A second defendant, Rakakaran Thurairajah, 28. admitted wounding before the trial.

The trial heard how Lazarus and Thurairajah gave chase to a group of youths after the newspapers were set alight in the early hours of the morning on October 11.

Prosecutor Stephen Shay told the court how Mr Thurairajah ran the Londis store in Sidley where Lazarus was a sales assistant. Both men, who at the time of the attack lived opposite the shop in Ninfield Road, come from Sri Lanka.

Mr Shay said that the two men chased after a group of youths as they believed they were responsible for burning newspapers outside the shop.

"Mr Thurairajah's attention turned to Leon Whyborne," said Mr Shay. "Leon had been running away with some of the other youths. Mr Thurairajah produced an implement from his sleeve.

"Some witnesses, including Leon, describe the implement as being like a baseball bat. It is right to tell you that no baseball bat was found by police.

"Whatever the implement was, the prosecution case is that Mr Thurairajah hit Leon several times with it."

During Lazarus's trial, Mr Shay said the Crown alleged it was he who inflicted the injuries with the sword, although the jury failed to find this by clearing him of wounding with intent.

He told the jury: "He then called Mr Lazarus over. Leon started to run away again. Mr Lazarus gave chase and pulled out a samurai sword. He then proceeded to hit Leon with it.

"There was a cut to the thigh but really the serious injury and the reason why this very serious charge is made is the injury to the hand because Leon's hand was literally split in two.

"The samurai sword cut between the middle finger and the ring finger. It had to be put back together again surgically. It really was a very serious injury although not life threatening."

Lazarus was convicted of wounding at the end of a week-long trial on Tuesday. He was found not guilty of wounding with intent.

This week Lazarus was sentenced to 21 months but sentencing on Thurairajah was adjourned until June 8 for further reports to be compiled.

Michael Smith, defending Lazarus said: "This was a most horrendous injury to beset anybody.

"It is clearly the case that he was not in any event one who bought it upon himself at all.

"Mr Lazarus's account is that he wasn't the instigator of the assault, he wasn't the user of the sword, he wasn't aware the sword was being used."

At the hearing on Tuesday, Mr Shay read a statement from Mr Whyborne's plastic surgery registrar which said: "He has a very severe left hand injury which will result in permanent disability of his hand."

Sentencing Lazarus, Judge Austin Issard-Davies said: "You were one of two people who assaulted Leon Whyborne when he was at your mercy.

"He was not attempting to defend himself or to fight you and the injury you did him was so severe that it will render his left hand partly useless for the rest of his life and he is still only 18-years-old.

"I will pass sentence on you on the basis that although the injury was caused by a sword you did not wield it and I have no basis for inferring that you knew the sword would be employed in that way."

He added that he would pass sentence on Thurairajah on the same basis.