An ex-policeman who was banned from going near parks after being convicted of sexual grooming, breached his order by ‘opening a takeaway’ near a park and has claimed the order was not clear enough.
Mohammed Arfaan Ali Hussain was jailed for 3 years in 2008 after he groped and fondled a 15-year-old girl after taking her for a drive in his car and tried to arrange a meeting with a 13-year-old and was given a sexual offences prevention order.
The order he was given restricts him from entering a park, amusement arcade, swimming pool or any other recreation area designed for use by children or going within 50m of these places.
Hussain was convicted of breaching the order in 2013 when he asked a girl for her phone number while she was walking to school.
Prosecutor Holly Holden said that Hussain was the proprietor of the Tandoori Fusion business in Gatley, which is situated 40.7 meters from a park.
It was said the takeaway had a sign on the door saying no under 18s without an adult.
Hussain, 36, denied being the owner of the business and claimed he only worked there although the court heard how his name was on the application to register the business in November last year.
During his police interview he claimed the sexual offences prevention order was to vague and should be ‘black and white.’
He said: “I know it says 50m but it is the spirit of the law, there’s no intention of me doing anything there. I am waiting for my day in court.”
His defense lawyer, Shane O’Neill, said: “It is open to interpretation, he has interpreted it in his own way. He had no interest in going to the park.
“I spent time thinking of the interpretation of parks, National Parks are 9.3 per cent of the country, industrial parks, we have all sorts of parks.
“I am familiar with this park, it is a memorial park. It is a place of contemplation – there are no swings or play area. He is not at the shop anymore, he was never the proprietor.”
Hussain was given 90 hours unpaid work with £150 costs after admitting breaching his order.