A 31-YEAR-old Netherton thug who caused “catastrophic” head injuries during a gang fight has failed to get his conviction quashed.

Mohammed Osman Khan, from New Road, was found guilty of a vicious attack which left his victim, Richard Smith, with significantly impaired speech and movement.

Khan (right), who was given an indefinite jail term for public protection in October 2008, claimed he was provoked by racist insults but on Monday, a judge at the Appeal Court in London upheld the conviction and sentence.

Lord Justice Pitchford said the sentencing judge accepted “racial provocation was present” but this did not provide a “sufficient excuse” for the “merciless” attack on Mr Smith.

The judge concluded Khan was a dangerous offender who merited an open-ended sentence.

Trouble broke out as Mr Smith, Khan and a group of young men retur ned by coach to The Broadway pub in Norton from Worcester after celebrating a friend’s birthday at a nightclub on January 25, 2008.

Lord Justice Pitchford told the hearing a “great deal of alcohol had been consumed” and Khan claimed Mr Smith told him to “sit his black arse down” after Khan became rowdy at the back of the bus.

Khan also claimed Mr Smith had called him a “Paki boy”.

During his trial, the prosecution claimed Khan retaliated by tele phoning a group of friends to arrange a “welcoming party” and a carload of four to five armed Asian men were waiting when the bus arrived, chasing after Mr Smith and cornering him in an alleyway.

Mr Smith was knocked to the ground where he was kicked and stamped into unconsciousness, suffering devastating skull fractures.

Khan was convicted of causing grievous bodily harm with intent, violent disorder and incitement to cause grievous bodily harm.

He will remain in jail until authorities decide he is no longer a danger to the public.

Khan challenged his convictions as unsafe but Lord Justice Pitchford, sitting with Mr Justice Owen and Judge Peter Beaumont QC, ruled the trial jury at Wolverhampton Crown Court had enough evidence to convict him of taking part in the attack and were entitled to find the gang acted at his invitation.

In terms of Khan’s involvement in the attack, the Appeal Court found the evidence was “overwhelming”, including clear evidence that he “joined them in the pursuit”.