Cleared: Aziz Hassan & Khalid Hassan |
A manager and waiter at the West End's
only kosher restaurant, accused of attacking a Jewish customer who
complained about a £3.50 surcharge and compulsory tip, were cleared
by a jury yesterday.
The customer claimed he was picked up
and thrown into the gutter outside – banging his head on the bonnet
of a parked car – before being repeatedly stamped on the head and
face.
Aziz Hassan, 57, and Khalid Hassan, 28,
were found not guilty of assaulting Amiel Menachem Elkus, causing him
actual bodily harm, outside Reuben's, Baker Street, on July 11, 2011.
When quizzed by police Aziz insisted he
thought the customer was trying to flee the resturant without paying
for his meal.
Hendon resident Mr. Elkus told Croydon
Crown Court he was careful not to exceed the £30.00 limit his
employers give him for meals when he ordered Beef Wellington at the
resturant.
“The bill was for £38.95, which I
was surprised about. I was expecting it to be around £30 because I
have an allowance from work, which is £30.
“I was surprised and asked the waiter
to explain the bill and he said it was for extras and said it was on
the menu.
“There was a further charge for £3.50
and an extra £5ish for service.
“I had not had any extras and the
waiter, who had been surly, became very aggressive and said: 'You are
not leaving without paying.'
“I expected to only be paying for
what I had eaten.”
The customer demanded to see the
manager and the waiter, Khalid Hassan, blocked the entrance.
“I felt very threatened and trapped
so I tried to push past him and I was bundled outside,” exlained
Mr. Elkus.
“I had my legs lifted off the ground
and my head hit a car that was parked outside. I was bundled out of
the resturant and pushed down.
“I was pinned down on the road. One
person had his foot on my arm and the waiter was kneeling on my ribs.
“I was completely blown away by what
happened after simply questioning a bill. They proceeded to beat the
hell out of me.”
Explaining Aziz's actions Mr. Elkus
added: “He stomped on my eye with his Timberland boots.
“I was in shock and screaming at
people: 'Get them off me.' I couldn't breathe, I was seeing stars.”
The prosecution say Khalid was also
bending Mr. Elkus's fingers back.
“I told the waiter: 'You're breaking
my fingers' and he said: 'I don't care.'
“The other man left a footprint on me. He was stamping on my face.
“My kippah had come off in the
restaurant, I had severe bruising to my eyes and a cut lip that was
caused by stomping.
“I also received scratches to my head
from the road surface.”
The jury were shown CCTV footage of the
incident and Mr. Elkus told them: “I am where that animal is
stomping on my head near the car.
“It is not quite what you would
expect for questioning a £3.50 charge.”
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