A Turkish asylum seeker who stabbed a nightclub goer with a broken bottle won’t be automatically deported despite being accused of being in a terrorist group in his home country.
Halil Dal, 30, was caught on CCTV smashing the glass bottle against a wall outside the Camel nightclub in Bournemouth, Dorset last December before attacking his victim, Kashif Chugtai.
Mr Chugtai suffered cuts to his back and was lucky his injuries were not ‘catastrophic’, a court heard.
Dal has been staying in the Britannia Hotel in Bournemouth, Dorset, since fleeing Turkey where he faced persecution for his political views, the court was told.
His lawyer said Turkish police had accused him of being a member of a terrorist group, tortured him and forced him to become an informant.
She said he has been suffering badly with his mental health since arriving in the UK.
Dal admitted a charge of assault occasioning actual bodily harm and was given a 24-week prison sentence suspended for 18 months, meaning he is not eligible for automatic deportation under government legislation.
It comes just days after fellow asylum seeker Shkar Jamal, 24, who is living in the same hotel as Dal, missed a court hearing because he was busy eating fish and chips on a bench nearby.
Halil Dal, 30, was caught on CCTV smashing the glass bottle against a wall outside the Camel nightclub in Bournemouth, Dorset last December before attacking a man
Victim Kashif Chugtai suffered cuts to his back and was lucky his injuries were not ‘catastrophic’
It comes just days after another asylum seeker in the town, Shkar Jamal, 24, missed a court hearing because he was busy eating fish and chips on a bench nearby
David Finney, prosecuting, told the court the assault happened outside the Camel bar in Bournemouth at about 5.30am on December 14 last year.
Dal was seen on CCTV removing a bottle from his pocket, smashing it against the wall and then making a ‘stabbing motion’ with it several times.
Security staff then stepped in and restrained him on the floor until the police arrived.
No explanation was given for the ‘shocking’ attack other than that Dal was ‘in drink’ at the time.
Describing the footage Mr Finney said: ‘He walks past the victim then turns around and walks back.
‘He pulls a bottle from his pocket, smashes the bottle and makes a stabbing motion towards the victim.
‘He smashes it again and makes a stabbing motion two more times. Door staff then become involved.’
Mr Finney said the victim told police he had been attacked but refused to provide an official statement.
The attack took place while Dal was under the influence of alcohol outside the Camel nightclub in Bournemouth, Dorset
Dal has been staying in a hotel in Bournemouth, Dorset, since fleeing Turkey where he faced persecution for his political views
He said: ‘He suffered minor lacerations to the back. Had we been provided with a statement from the victim, it’s highly likely the charges would have been more serious, but it was felt this was the only charge we could prove.
‘It is use of a highly dangerous weapon, a broken bottle is the equivalent of a knife.’
He added the potential harm of the attack was ‘catastrophic.’
Juliet Osborne, defending, said her client had suffered trauma in Turkey due to his politics.
She said: ‘Mr Dal is in the UK seeking asylum. He tells me he was involved in politics in Turkey.
‘He was forced by police to become an informant, the police beat and tortured him in order to force him to do that.
‘They raided his home and accused him of being a member of a terrorist group. His family helped him flee to the UK.
‘Upon coming to the UK he has felt hopeless and suffered immeasurably with his mental health.
Dal’s lawyer said he had been beaten and tortured by police in Turkey and accused of being in a terror group
Dal is living in the Britannia Hotel (pictured) which is one of three migrant hotels in Bournemouth
‘This is due to the trauma he suffered in Turkey, uncertainty about his asylum position here in the UK and fear of what will happen to him should asylum be refused and he is returned to Turkey.
‘He has sadly, since coming to the UK, made several attempts on his own life. This includes jumping from the fourth floor of his asylum accommodation.
‘This resulted in a fractured scapula (shoulder blade) on both his arms and a ruptured lung. He is now medicated for anxiety and depression.
‘Since this incident he has stopped drinking entirely and there have been no incidents since.’
She added that Dal was ‘extremely remorseful’ for his actions, adding: ‘He has told me he will never do anything like this again, he has never harmed anyone before.
‘He is shocked and ashamed at his actions. This was a one off incident.
‘It is undoubtedly shocking and Mr Dal is lucky the victim was not more seriously harmed.’
Nicola Phillips, chair of the bench said: ‘This was a serious incident which could have ended up in tragedy.
‘However, we only have evidence of minor harm physically to the victim.’
They said although it crossed the custody threshold, with Dal’s mitigation they were prepared to suspend the jail term.
Dal was given a 24-week prison sentence, suspended for 18 months and a 24-week tagged curfew between 7pm and 7am.
The sentence means Dal does not meet the threshold for automatic deportation by the government.
Under current law, foreign offenders who receive a prison sentence of 12 months or more can be deported automatically.
Deportations only occur for sentences under a year in certain cases, for example if it involves a persistent offender or they have caused serious harm.
Last month, the Government unveiled plans to immediately kick out rapists, drug dealers and burglars who receive custodial sentences, with a lifelong ban on returning.
The magistrates said they would not order a victim surcharge or costs due to Dal’s ‘very limited’ means.
Dal, speaking through a Turkish interpreter, said: ‘Thank you, I will follow the rules and obey the conditions.’
