A top judge has called for an inquiry into suspect

A top judge has called for an inquiry into suspected witness
nobbling at the Old Bailey as he jailed two brothers were jailed
for a savage knife attack.

Two witnesses due to give evidence at the trial of James and
Mark Brooker simply vanished before they took the stand.

And Judge Michael Coombe, QC, said the evidence of others was
‘far from perfect.

‘
‘Certain witnesses and a particular witness have been put in
fear – grave fear.

‘It is an indication of how particulary terrible this type
of attack is – when the terror regime can extend all these months
later.

‘
The judge said there was no evidence that the brothers
had orchestrated the nobbling but added: ‘It could be people
acting on their behalf without necessarily their sanction.

‘
He hoped those responsible would be brought to trial quickly.

‘They will no doubt be very severly punished,’ he added.

James Brooker was jailed for nine years and Mark for eight
years.

The court heard plasterer Mr Malcom Kennedy, 30, came
within millimetres of death when he was viciously stabbed in
the chilling vengence attack.

A blade used to stab Mr Kennedy, missed his heart by just
quarter of an inch.

And other knife wounds he suffered were so severe that he
almost bled to death in the pub where he was ambushed.

The jury cleared the brothers of attempted murder but
James Brooker, 30, was convicted of wounding Mr Kennedy with
intent to cause grievous bodily harm and wounding his friend
Mr Noel Scanlon, 29.

Mark Brooker, 26, was convicted of wounding Mr Kennedy with
intent to cause grievous bodily harm but cleared of wounding
Mr Scanlon.

Their friend, Eddie Whelan, 27, was cleared of wounding
Mr Scanlon but convicted of affray and will be sentenced on
May 4.

Mark Brooker was furious with Mr Kennedy after a fight
developed eight days before the incident when Mr Kennedy knocked
some drink from his glass outside the pub.

On the evening of Saturday, June 20 Mr Kennendy was again
at the Simla pub in Parchmore Road, Thortons Heath.

Mark Brooker was also there and a fight broke out
between them which continued on the street when the landlord
threw them out.

Brooker walked off to The Grange pub in Norbury Road where
his brother was drinking.

‘Thereafter Mark Brooker sought the help of his brother
James and their friend Eddie Whelan and possibly two other men
to stage a revenge attack,’ said prosecutor Mr Christoper Mitchell.

‘An all out attack was lanched upon Kennedy which left him
almost lifeless and bleeding almost to death on the floor.

‘
James Brooker went straight for Mr Scanlon, using the strap
from a tube train as a cosh.

When Mr Scanlon put up his hands to protect himself he was
sprayed in the face with CS gas and also stabbed in the abdomen.

‘Kennedy was attacked with fists, with feet with a broken
glass but most of all with knives,’ said Mr Mitchell.

The stab wound to the stonmach penetrated his colon and spleen
and he was also knifed in the thigh before he collapsed in a pool
of blood.

Mr Kennedy needed extensive surgery to save his life and his
wounds were treated with over 100 stiches.

He now finds it difficult to stand up for long periods of time
and is still on painkillers.

The plasterer has been unable to return to his job since the
incident.

Mr Scanlon, who lived nearby as did Mr Kennedy, also spent
two days in hospital.

After the attack the three defendants went back to The Grange
where Mark Brooker who had lost two teeth, was allowed to wash
himself in the private part of the pub, the court heard.

He was also allowed to change his clothes there, said Mr
Mitchell.

Whelan had been stabbed in the leg during the struggle and was
picked up by police as he limped home.

Later that night the brothers were also taken into custody and
were picked out on an identity parade by a customer from The Simla.

Father of four James Brooker, of Biggin Way, Norwood, told
the court he had seen his brother fighting with Mr Kennedy and
was about to help him when he was attacked by another man.

His brother of St Leonards Walk, Streatham, claimed he left
the pub after being punched to the floor by Mr Kennedy and had not
wielded a knife.

Whelan, of Birchanger Road South Norwood, said he walked into
pub during the fight and was stabbed when he was pushed on top
of a man.

The court heard Whelan was on parole from an 18 month jail
sentence imposed for affray and assault at the time of the
Simla incident.

He was jailed last year at Oxford Crown Court for attacking
a man with a metal pole.

The brothers also have previous convictions – James for
threatening to cause criminal damage and Mark for assault
causing actual bodily harm
Passing sentence the judge said: ‘It is right the public
should know of the court’s very serious view of the attack
which has been described over the last few weeks.

‘It is horrifying that an incident which seems to be an
accidental spilling of beer without apology can lead to to the
sort of violence where one man is within a half-inch of his life.

‘But for the fact the knife stopped half-an-inch short
he would be dead.

But for the speed of the doctors and ambulance
men he would have bled to death.

‘
The judge told Mark Brooker: ‘No doubt you were beaten
up by Malcolm Kennedy.

That did not justify what you did.

‘
His brother’s wife burst into tears when James Brooker’s
sentence was announced and had to be helped from the public gallery
by court officials.

ENDS