Last updated at 23:21 22 October 2007

The thug who left a 97-year-old man blind in one eye with a vicious punch walked free from court yesterday.

Stephen Gordon, 44, escaped jail on condition that he receives psychiatric treatment after the attack on Shah Chaudhury on a crowded tram.

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The war veteran had been standing in the aisle clutching a rail with both hands to keep his balance when jobless Gordon, an alcoholic, tried to push past.

His hat fell off and he rounded on Mr Chaudhury, who walks with the aid of two sticks, hitting him in the face and calling him a 'bastard'.

Detective Sergeant Sam Blackburn, of the British Transport Police officer, said he was 'very disappointed' with the three-year community order imposed on Gordon.

"This was a particularly nasty attack on an elderly man who was obviously very frail and physically not able to defend himself," he said.

"The blow to the victim's head caused serious injury which has resulted in him losing sight in one eye.

"Unfortunately since this assault, the victim's health has deteriorated and he is now in a residential care home.

"We are more disappointed for the family who have been 100 per cent supportive of police action.

"They may now feel that proper closure has not been gained by the order imposed by the judge."

Gordon was convicted of causing grievous bodily harm in the attack last December in East Croydon, South London.

He had claimed that the pensioner had attacked him but CCTV pictures clearly show Mr Chaudhury did nothing of the sort.

Sentencing Gordon, Judge Kenneth Macrae said: "I have no doubt that the root cause of this offence was your illness.

"For whatever reason, you were determined to get past this unfortunate victim as he turned out to be. Because of the way he was standing, you were slightly impeded.

"Your reaction to that was to turn and lash out at him. It was a single blow but the consequences to this unfortunate gentleman were terrible.

"The prosecution counsel has referred to this as a difficult sentencing exercise.

"At first blush, it is not a difficult sentencing exercise, an immediate and significant prison sentence would well be justified.

"That said, it would do nothing to protect the public in the future and my real concern is the public.

"It seems to me that the best way of ensuring that he is not a risk, in relying on various support from psychiatrists and probation officers, I make you the subject of a community order with three years' supervision and a treatment requirement."

Judge Macrae also ordered updates every four months and said he would hear any cases dealing with breaches of the sentence. Mr Chaudhury was not well enough to testify.

But in a statement to Croydon Crown Court, he told how he had to stand on the crowded tram as nobody gave him a seat.

Because of his unsteadiness, he had to grip the rail with both hands.

But as Gordon pushed past, his hat was knocked off, and he blamed the pensioner, punching him in the eye.

Mr Chaudhury said: "The driver and the other passengers came to my aid and I was taken to hospital. I had done nothing to provoke him."

After the attack Gordon left the tram at Lebanon Road and was chased by two schoolchildren who provided vital evidence in the police investigation.