Refugee who attacked policewoman is exempted from community service because he does not speak English

An asylum seeker who attacked a policewoman cannot perform community service because he does not speak English and doing so may breach health and safety rules, a court heard.

According to the judges, Mustafa Al Mbaidin, a 27-year-old Jordanian national, would need the assistance of a full-time translator if he were to perform unpaid work for a period of time.

This could lead to “problems” with occupational health and safety laws, the court was told.

Judges heard that on May 11, Mbaidin, while drunk, harassed female joggers running along Bournemouth seafront in Dorset.

He was observed by a cameraman who alerted two police officers standing nearby.

When one of the officers, PC Selina Swan, attempted to arrest him for drunkenness and disturbing the peace, he shoved her, hit her on the head with his jacket and shouted “Fuck you” before running away.

Mbaidin was arrested a short time later and charged with assault on a paramedic, as well as drunkenness and disturbing the peace.

He pleaded guilty to the charge at Poole Magistrates Court on Tuesday.

The court heard that Mbaidin is from Jordan but had come to the UK via Turkey to seek asylum.

For the past four months he has been staying at the Roundhouse Hotel, which is providing accommodation for asylum seekers on behalf of the Home Office while their applications are being processed.

Prosecutor Benjamin Thompson said: “On 11 May at 9am the defendant went to Bournemouth beach.

“CCTV in the area caught him approaching people and harassing them.

“These were joggers who just wanted to do their workout.

“He pushed her and ran away”

“He was observed for 15 minutes when PC Swan and PC Carmichael were dispatched to the scene.

“PC Swan tried to arrest him for drunkenness and disturbing the peace and when she tried to handcuff him he refused, pulled his arms away and said ‘fuck you’.

“The defendant pushed PC Swan in the chest and struck her with his jacket, striking her in the head.

“He punched her in the body again and ran away.”

In an interview after his arrest, Mbaidin claimed he did not believe Pc Swan was a real police officer because she behaved aggressively towards him.

Mark Hensleigh said in his mitigating statement: “The situation is that this man does not drink and on the day he did he chose to drink alcohol.”

“When he was interviewed, he said he was 10/10 drunk.

“His explanation is that when he was arrested he did not believe it was a police officer and that is why he resisted.

“He doesn’t speak English, maybe that was one of the reasons why he behaved like that when the police officer tried to arrest him.

“He has been living in Bournemouth for four months.”

Mbaidin was supported in court by a volunteer from a refugee organization for which he had previously worked on a voluntary basis.

She explained in court that the incident was uncharacteristic of him as he was drunk.

Mr Hensleigh said his client was on £9 a week, so a fine was not really an option.

He said: “Unpaid work? He would need an interpreter with him at all times and there could be health and safety issues at work. Ultimately, not really practical.”

Judges gave Mbaidin a 12-month suspended sentence and ordered him to pay victim compensation of £26, payable at £2 per month.