Life sentences for men who murdered Mohammed Rafaqit Kayani

Adrian Williams

Adrian Williams

adrianw@baylismedia.co.uk

02:29PM, Monday 03 April 2023

Trial of Maidenhead trio accused of sex offences continues

Left, Riaz Miah, and right, Hassan Al-Kubanji

The two men found guilty of killing Mohammed Rafaqit Kayani in Slough have been given life sentences for their ‘extreme violence’.

Mr Kayani, 24, from Slough, died from a fatal stab wound from a machete during an incident in Keel Drive outside the Hindu temple on August 30, 2022.

Riaz Miah, 21, of no fixed abode and Hassan Al-Kubanji, 22, of Peabody Avenue, London, were found guilty of murder on March 9 this year.

Today (April 3), the two men were both given life sentences.

Police were stationed in the public gallery and outside Reading Crown Court for the sentencing.

When the conviction was handed down last month, ‘serious disorder’ erupted in the courtroom, causing police to be called in to keep the peace.

In looking at what sentence the pair should get, it was considered that they had taken a blade with them to the playground in Concorde Way, where they first ran into Mr Kayani.

The court heard the pair had gone to Slough for the purposes of running a drug line, from which Miah was making about £1,000 a week.

Prosecutor William Hughes said taking the machete with them showed an intention to use a weapon while out selling class A drugs.

Mr Hughes also stressed the ‘mental and physical suffering’ Mr Kayani went through.

“He suffered an excessively violent death,” he said.

Al-Kubanji was also on licence at the time – ie released from prison (for a previous offence) under conditions and monitoring.

The nature of the weapons and how they were used should also be considered ‘a serious aggravating factor’, added Mr Hughes.

Amjad Malik, representing Miah, asked for ‘exceptional mitigation’ for the fact that Miah had been diagnosed with a life-threatening sarcoma.

“He is facing a future which will create a sense of hopelessness until his death. It’s a punishing situation,” said Mr Malik. “No right-thinking person could not take that into account.”

Dean George, representing Al-Kubanji, submitted four character references for his client and stressed there had been an element of ‘provocation or self-defence’ in Al-Kubanji’s altercation with Mr Kayani.

Her Honour Judge Norton said that Miah had been engaged in ‘serious criminality’ and that in her view, Al-Kubanji went along with him ‘knowing full well’ that this was happening.

She did not accept that Miah, as he said, had only bought his machete to ‘look threatening’ to ‘intimidate robbers and rivals’ – but rather his actions that night showed he was ‘prepared to use it’.

Judge Norton also did not accept that Al-Kubanji did not know about this machete, as he claimed, since the machete was ‘very large’ and stuck out of its bag.

“I have no doubt whatsoever that you knew very well of that machete and you knew [Miah] had taken it with him,” she said.

She acknowledged that the prosecution had disagreed with, but not challenged, the claim by the two men that Mr Kayani was also carrying a machete.

“It seems likely to me that this was the case,” she said.

However, she added that there was ‘no indication’ that anyone was injured in the playground and there was ‘no threat’ to either of the defendants at that location.

As such, she rejected there was any kind of ‘self-defence’ in play.

“Whatever happened before [the Hindu temple altercation], by the time Rafaqit [Kayani] had left [the playground], the tables had turned – you were the aggressors,” Judge Norton said.

“You deliberately and voluntarily chased after Rafaqit, who was running away from you, and cornered him at the Hindu temple.”

What took place was ‘extreme violence,’, she added, with multiple blows dealt with ‘severe’ enough force to damage bone.

Judge Norton acknowledged that both defendants were also ‘seriously injured’ during the attack but said she was satisfied that it was Mr Kayani who was acting in self-defence.

She also looked at the pair’s behaviour after the crime, including taking the machete away from the scene and returning to the playground to retrieve drugs.

“You both acted quickly and decisively to remove evidence that connected you to the murder,” said Judge Norton.

The young age of both defendants was considered in mitigation; and the fact that the violence was not premeditated, since it was agreed that the defendants and Mr Kayani did not know each other.

However, Judge Norton said it was ‘difficult to quantify’ the impact of Miah’s cancer, as it had not so far seemed to impact his quality of life and the prognosis was ‘unclear.’

“It did not prevent you from taking part in criminal activity,” she added.

Judge Norton said that she was ‘satisfied’ the pair were acting  together and saw ‘no reason’ to differentiate between them in their crimes.

She sentenced Miah to a minimum of 24 years in prison for murder, with four-and-a-half years served concurrently for his drug offences and two years concurrent for possession of a bladed article.

Al-Kubanji was sentenced to a minimum of 23 years in prison.

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