Duo ‘didn’t have care in the world’ after waiter stabbed in Herne Bay

Two men on trial for stabbing a restaurant waiter on his way home from work did not have "a care in the world" as they discussed the potential fate of their victim.

Jurors at Canterbury Crown Court were told one appeared "excited and happy" when he suggested they would be charged with attempted murder following the attack on Modasher Hossain in an alleyway next to Whitstable train station.

Modasher Hossain, known as Sharif. Picture: Sharif family/GoFundMe

The other, it is alleged, simply responded by saying it would be murder as they would just "leave him".

The alleged conversation in the early hours of December 17 last year between the two men on trial - Lewis Day and Daryl Brown - was overheard by a member of the public, George Broadbent, while he was waiting at the station to meet a friend.

Mr Broadbent also told the court about hearing shouting of someone having been stabbed, and was himself so concerned that he went to look for a victim, eventually finding Mr Hossain lying on the ground in a pool of blood, breathing heavily and unable to speak.

The Good Samaritan then ran for help, flagging down a delivery driver outside the station who dialled 999.

Brown and Day are accused of wounding the 55-year-old in a 'joint enterprise' stabbing as a result of a "trivial" throwing of a beer can by Mr Hossain.

Giving evidence this week, Mr Broadbent said he initially heard a man he referred to as 'the second male' accuse the other of having "just stabbed someone".

Then, referring to the moment they allegedly talked about what the consequences might be, he told the jury: "The second male, with an emotion of excitement, said they were going to get done for attempted murder.

"They just didn't seem like they had any care in the world that they had left someone hurt. He came across as happy.

"That (remark) was directed to Lewis. He responds with 'No, we are going to get done for murder because we are going to leave him here'."

Mr Broadbent refuted during cross-examination by Brown's barrister, Adam Butler, that he had difficulties judging people's emotions.

When asked about his description of being "excited and happy", he replied: "They didn't show any sense of being distressed in the context of the emotion they were showing.

"It was like, at that very moment talking about the stabbing and saying they were going to leave him there, they had no care in the world and both male one and male two were smiling."

But Mr Broadbent, who became upset during his evidence, agreed that he had not heard either man actually saying "I stabbed someone".

The witness told the court he had heard the name 'Lewis' being repeatedly said during the conversations, which included a woman, Sophie Judd. She is Day'0s sister and was Brown's girlfriend at the time.

Mr Broadbent also recalled hearing "a lot of shouting and swearing", with the second male and the woman saying they "had to get Lewis away" from the area, as well as asking 'Lewis' what he had done with the knife.

"He (Lewis) said 'It doesn't matter about the knife. I have thrown it. It's gone.' That is specifically what he said," added the witness.

Mr Broadbent also told the court it was ‘Lewis’ who had remained at the station but, on being shown the CCTV footage, accepted it was in fact “the second male” and he had “got them muddled up”.

Brown, 32, of Tomlin Drive, Margate, and Day, 25, of Hereson Road, Ramsgate, deny wounding Mr Hossain with intent to cause grievous bodily harm, as well as the alternative, less serious offence of unlawful wounding.

Mr Hossain, who is known as Sharif, was making his way home from work at a Herne Bay restaurant when he was attacked.

He was found seriously injured in an area next to the station known locally as Stream Walk alley.

As well as suffering multiple knife wounds to his leg and buttock, Mr Hossain also sustained a traumatic brain injury and has not been able to tell police what happened to him after he had caught his train home that night.

In a statement read to the court he said he had suffered "severe injuries" as a result of the incident, but could not recall how they were caused.

He had twice that day been to the restaurant where he had been employed for seven years for a lunchtime shift and then an evening one.

Mr Hossain described both as being "fairly uneventful", with the later one starting at 5pm and finishing at around 11pm.

His last memory was being given a lift to Herne Bay station to catch his train home.

He told police: "As far as I can recall this was just another day....Until now I have never had any significant medical issues in my life. Nor have I suffered any issues with my memory."

The court heard, however, that CCTV footage, together with eye-witness accounts, depicted events surrounding the "brutal" assault, including the defendants chasing the waiter from the station and into the alleyway, and then returning a few seconds later.

The attack itself however occurred out of view of any cameras.

Of their first interaction with Mr Hossain, the jury was told Day, Brown and Miss Judd were on the London-bound platform when his train pulled in and he disembarked.

The trio then walked across to the opposite platform only to then realise that Miss Judd had left her phone behind.

Mr Hossain was captured on CCTV picking it up, and it was at this point that there was cross-platform communication between the parties before Day climbed onto the tracks and headed across to where Mr Hossain handed him the phone.

Brown was then seen to throw a beer can at the restaurant worker.

It did not make contact but, after landing near his foot, Mr Hossain picked it up and threw it back, sparking the chase as a result.

Prosecutor James Harrison told the court: "With the benefit of hindsight, it may be thought Mr Hossain acted unwisely in throwing the can back towards them, but again it did not hit anybody and looks as though it did not reach the other platform.

"After doing so he makes his way quickly down the stairs and out of the station. However, that triggered an almost instant and disproportionate reaction from the defendants."

Mr Harrison said as they and Miss Judd dashed from the platform, across the bridge and down towards the exit Mr Hossain had used, it was "obvious" they were pursuing him.

A camera outside the station caught Mr Hossain running away, followed by Brown, with Day a few seconds behind and finally his sister.

But having fled along the front of the station and into the alleyway, all four then went out of sight.

The court heard Miss Judd reappeared within a few seconds, while Brown and Day remained out of view for longer, during which time, said Mr Harrison, they "stabbed him five times in a vicious assault" and left him effectively unconscious on the ground.

As the trio returned to the station, they could be heard rowing.

Taxi driver Richard King told the court he was waiting outside for a fare when he saw them "having a big argument" before the female said "We'd better get going because the police will be coming".

Mr King said the taller man who was dressed in a knee-length coat - Brown - addressed the second man - Day - saying: "I don't care if the police come because you stabbed him, I didn't", to which there was no response other than "general arguing" between all three.

The court heard the cabbie could still hear them rowing as they went into the station and onto the platform.

Mr King denied when cross-examined by Day's barrister, Neil Ross, that he had "misattributed" the comment made between the two men.

He also told the court he had heard the name 'Lewis' being used in respect of the 0shorter of the pair, as well as him being referred to as Miss Judd's brother.

All three boarded a coastbound train that had pulled into the station at 12.15am. But CCTV captured a fight breaking out between Day and Brown, resulting in the latter and Miss Judd disembarking.

Day was eventually arrested at 12.48am after the train had pulled into Margate station. Brown was arrested at about 2am while still at Whitstable station.

He later told police he did not witness the attack and was not aware of anyone being injured until Day had told him he had stabbed someone.

Day gave a 'No comment' interview.

The trial continues.