Deen brothers launch appeal against convictions over violent attack on cousin

Three brothers from Brisbane’s prominent Deen family have launched an appeal after they were jailed for a violent attack on their cousin.

Three brothers from a prominent Brisbane family who were jailed for a violent attack on their cousin have launched an appeal against their convictions.

Mohammed Umar Deen, 41, and twin brothers Imran Aziz Deen, 30 and Zain Fazal Deen, 30, were jailed in June for assaulting their cousin Mohammed ‘Freddie’ Deen amid a familial dispute.

The three brothers from the well-known ‘demolition Deen brothers’ family disputed Freddie’s account.

They alleged Freddie threw the first punch at Mohammed Deen and the pair had a scuffle.

But Freddie gave evidence he had been set upon by the three brothers at an Archerfield industrial estate, saying the trio repeatedly kicked him, struck him with bats and smashed a truck door against his head and body.

deen bro appeal art work

The three brothers were found guilty of assaulting their cousin at trial earlier this year and were sentenced to varying terms of imprisonment.

At a hearing in the Court of Appeal on Thursday, defence barrister Saul Holt QC argued the verdict had been “unreasonable” and that Freddie’s injuries did not reflect his account of the attack, such that the court could have a reasonable doubt.

He said the injuries were not consistent with multiple heavy blows described by Freddie, even if he had “grossly exaggerated” details of the attack.

Mr Holt pointed to photographs of Freddie’s injuries including a laceration and abrasions to his head which he said appeared to be “inconsistent” with his account.

“In our respectful submission that would be a really significant problem with any acceptance beyond reasonable doubt of Freddie’s evidence,” he said.

Mohammed 'Freddie' Illyas Deen. Picture: Dan Peled

Crown Prosecutor Mark Green said any discrepancies in Freddie’s account of the attack did not “necessarily undermine the credibility of the complainant”.

“It may undermine the reliability of the complainant on the extent of the assault but it could do no more than that,” he said.

“It offered no assistance otherwise to the jury or this court in reaching a conclusion on the principal issue and the principal issue is accepted and litigated on who threw the first punch.

“It was a compelling case for the conclusion for any tribunal of fact, be it a jury or this court, to reasonably exclude the possibility that it was the complainant who threw the first punch.

“And the complainant’s evidence otherwise was certainly credible and certainly consistent and any impact on his reliability would not undermine that conclusion of the critical issue.”

In sentencing the three brothers in June, Judge Leanne Clare said the men went to the attack intending to teach their cousin a lesson.

She found none of them had demonstrated remorse for the violence.

Umar Deen was sentenced to two years’ imprisonment with parole release on February 6, 2023 after he has served eight months behind bars.

Imran Deen was sentenced to 18 months imprisonment with parole release in four months on October 6.

Zain Deen was jailed for two years with parole release on November 6 after he has served five months in prison.

The Court of Appeal – comprised of Justices Philip Morrison, John Bond and Philip McMurdo – reserved its decision.