Story By: Feza Uzay, Sub-Editor: Marija Stojkoska, Agency:  Newsflash

A thug who burst into tears as he begged the court not to jail him for throwing a man off the top floor of a shopping centre said he was caring for a dad who had cancer, and it would be better to kill him than to lock him up pending the trial.

The decision has horrified the wheelchair-bound victim, shopkeeper Ilyas Demirci, 62, who was thrown from the 12th floor of the shopping centre in the district of Sisli in the Turkish city of Istanbul on 22nd February.

His alleged attacker is Cagdas Boyali, 21, with the horrifying moment that was captured on camera taking place after an argument between the pair.

Demirci, who by chance landed on the 11th floor, suffered multiple fractures and was taken to hospital for treatment. He was subsequently discharged, but was left wheelchair-bound.

In the footage of the incident, the two men are seen fighting and pushing each other before they disappear from the frame.

Boyali is then seen grabbing Demirci by his throat and pushing him against the metal railings before throwing him over the edge.

Boyali, who was apprehended after Demirci reported the crime, was taken to the police station, where he gave his first statement.

He was then transferred to the courthouse, from which he was later released under judicial supervision.

In the indictment prepared by the prosecutor, a prison sentence of up to four years and six months was requested for Boyali on the charge of ‘wilful injury’.

According to the news site Milliyet, Boyali, in his first defence at a recent hearing, said: “I was there that day to pay my bills. I saw him after I left the bathroom. He cursed me. He hit me on the back while I was trying to get away from him. I left.

“I then turned back and asked him why he hit me. He hit me again. I did not understand what was going on. I remember looking down, and the man was lying there. That’s it.”

Demirci, on the other hand, said: “I thought the man looked dodgy and troublesome. I attempted to avoid him by going to the lower floor to use the bathroom. When I left the bathroom, I noticed that he was following me.

“When I turned around a corner, he started cursing at me and hit me. I tried to block him to defend myself, but he hit me and brought me up to the railing. He grabbed me and threw me down.”

Claiming that Boyali was lying, Demirci added: “My ear burst. I have hearing loss, my right ear can’t hear anymore. I’ve had 16 metal plates fitted from my leg to my hip. I had 40 fractures and over 100 stitches to my body. I cannot walk.”

After the statements were taken from both parties, the prosecutor requested that the case be referred to the High Criminal Court, stating that Boyali should be tried for the crime of ‘attempted murder’ and not ‘wilful injury’.

The prosecutor also claimed that Boyali had tried to flee, and he requested that he be remanded in custody.

Following the prosecutor’s request, Boyali started to cry and said: “My father has cancer. I beg you, please don’t take me into custody. It would be better to kill me than take me into custody.”

The judge, apparently swayed by the accused’s tears, decided to reject the prosecutor’s request and release Boyali under judicial supervision. He is not allowed to leave the country.

In a statement to the press following the hearing, Demirci said: “I had hoped that justice would be served. But today, this thug was not taken into custody. The judge gave him the gift of freedom, and I’ve been left wheelchair-bound.”

The date of the next hearing is yet to be announced.