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A Burger King employee accused of repeatedly stabbing a waiter in an alley has blamed his sister’s boyfriend for the violence.
Giving evidence at Canterbury Crown Court Lewis Day described how Daryl Brown threw a beer can at Modasher Hossain from a platform at Whitstable train station and then chased the 55-year-old into a nearby alleyway.
Day, 25, said he had tried to stop Brown and, when he reached the alleyway himself, watched as the 32-year-old punched Mr Hossain unconscious with one blow, before knifing him several times and then walking off "like nothing had happened".
Neither man knew the victim, who is known as Sharif, but it is alleged both pursued and brutally assaulted Mr Hossain in "an almost instant and disproportionate reaction" to his "trivial" throwing back of the can.
Brown, of Tomlin Drive, Margate, and Day, 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, on December 16 in what is known in law as joint enterprise.
Mr Hossain was making his way home from an evening shift in Herne Bay when he was attacked in an area known locally as Stream Walk alley.
As well as suffering multiple knife wounds to his leg and buttock, the married restaurant worker also sustained a traumatic brain injury and has not been able to tell police what happened after he caught his train to Whitstable.
Jurors have however heard eye-witness accounts and watched CCTV footage depicting events surrounding the violent incident, including the chase, although the attack itself was not caught on camera.
It is alleged it was carried out while Brown was out of view for 25 seconds and Day for one minute and 45 seconds.
The court heard from Day over the past two days how, having finished work at Burger King in Westwood Cross, Broadstairs, at about 8pm that night, he had met up with his sister, Sophie Judd - one of his 13 siblings.
She was also Brown's girlfriend at the time and the trio headed to Whitstable because she wanted to "fake beg" - pretend to be homeless - in the High Street.
Day recalled how Miss Judd, who took a suitcase full of blankets and a sleeping bag with her, set herself up outside Sainsbury's while he and Brown went to a nearby Wetherspoon pub.
With the money she made, she bought wine and beer and by the time all three started to make their way home, Miss Judd was said by her brother to be intoxicated, in a "frantic mood", and arguing with Brown.
They arrived at the station and were on the London-bound platform as Mr Hossain's train pulled in shortly before midnight.
CCTV showed him disembarking and then appearing to chat to the conductor as Day, Brown and MIss Judd made their way across a footbridge to the coastbound side.
Detailing the build-up to Mr Hossain being chased, Day told the court he saw him pick something up from where his sister had been sitting and, realising it was her phone, called across that he would come and retrieve it.
He said that having jumped down, he headed across the tracks to do so and thanked Mr Hossain, to which he was said to have replied 'You're welcome'.
But Day said as he returned back to the coastbound platform, Brown threw the beer can. The court heard earlier in the trial that it did not hit Mr Hossain but landed near his feet.
Describing his reaction to Brown's behaviour, Day explained: "As he does, I turn round and say 'What the f***!’ He had been drinking beer so I knew it was his beer can.
"I didn't hear no response (from Brown) but then the can was thrown back at this point. Brown said 'That just nearly hit my girlfriend. I'm going to f*** you up!'
"I turned round and said 'It didn't. F**ing stop!' to Daryl. Because I already heard him say 'I'm going to f*** you up', I decided to get in front of him and try to stop him.
"I try but he barges past me...He is moving very rapidly and I can't catch him."
CCTV captured Mr Hossain running from the station, with Brown chasing him, followed by Day.
Day told the court that by the time he reached the top of steps leading down into the alleyway, Mr Hossain and Brown were ahead of him on the path.
"As soon as I got there I see Daryl in mid-conversation. There was a conversation exchange. Before Hossain answers, Daryl punches him with his right hand to the left side of his face. He then falls," Day continued.
"Hossain was knocked out from what I saw by that one punch and falls and smashes his face on the floor. He was already unconscious before he hit the floor.
"I see him stab him multiple times. I see Brown stab Hossain multiple times. It was a couple of seconds. It was quick.
"He then left the alleyway, backtracked the way he chased him, basically.
"I screamed at him and said 'Look what you've done!' He just carried on walking off. Like nothing had happened."
Day described how "in panic" he then approached the stricken Mr Hossain.
"I put my finger on his neck and checked his pulse. I felt his pulse. He was still breathing," he told jurors.
"I started to panic. I started thinking about when I was stabbed and how it feels....It's not a nice feeling. I panic and leave him."
Asked by his barrister Neil Ross how he now felt about doing that, Day replied: "To be truthfully honest, I hate myself for leaving him and the alleyway that day."
Brown was the first of the two men to reappear on the CCTV camera heading back to the station.
Day said that on his return he handed his sister her phone, telling her 'The man's seriously injured. You need to call someone'.
At this point Day became upset in the witness box and began to cry, before recalling how Miss Judd started to panic and smashed the device.
Brown, he said, then became "aggressive" and kicked her.
It is the prosecution case that in the aftermath, witnesses heard Brown say to Day 'You stabbed someone' and then remark 'We are going to get done for attempted murder', only for Day to respond 'No, we are going to get done for murder because we are going to leave him here to die'.
Brown also gave the same account after his arrest.
But Day, who answered 'No comment' in his police interview, told the court it was he doing the accusing and making the attempted murder comment, with Brown being the one who said it would be murder as Mr Hossain would be left to die.
He could not explain however when asked by his lawyer why he had said 'We' when he talked about the potential consequences.
Day said as they waited for a train, Brown pushed him and became aggressive with Miss Judd, and then once onboard he and Brown had a fight.
This led to Brown and his girlfriend disembarking back onto the platform.
Day stayed on board, however, and was arrested by police when it pulled into Margate station, while Brown was eventually detained in Whitstable.
Day admitted that while growing up his brothers made him "interested in weapons", and that as a 14-year-old he had an "aggressive and stupid" attitude to violence, receiving a caution after being caught with a knife.
He also showed the court scarring to his arm from being stabbed at the same age.
But he maintained he was not armed with a knife when Mr Hossain was stabbed and never wanted to cause him harm.
Asked by Mr Ross what he was trying to do when he ran after his co-defendant, Day replied: "I was trying to stop him inflicting those wounds."
But he added he did not know Brown had a knife on him.
Brown’s barrister, Adam Butler, refuted Day’s account, accusing him of telling the jury “a series of lies to shift the blame” and it was he alone who had attacked Mr Hossain.
During cross-examination by prosecutor James Harrison, Day denied he was "fired up" and "eager to dole out violence" with Brown on Mr Hossain.
He also refuted the assertion that he had his phone in his mouth and his hands in his pockets as he was running behind Brown because he was pulling out a knife.
Day told the court: "Why would I jeopardise my new job and baby on the way to partake in petty behaviour like that? It doesn't make sense to me."
The trial continues.