A JUDGE freed a man who attacked a taxi driver his sister had falsely accused of rape.

Recorder Christopher Goodchild told Benjamin Waggett that after hearing his sister Rosie's screams he did "what many other brothers would do" in the circumstances.

Rosie Waggett was later convicted of making up the rape story to try to get out of paying the taxi fare.

At Derby Crown Court yesterday, Recorder Goodchild, sentencing Benjamin Waggett to 100 hours' community service, said: "Your young sister misled you.

"I accept that when you woke to the screams of your sister you thought she had either been raped or someone had tried to rape her.

"I suspect you did what many other brothers would do. Unfortunately, you went too far and got involved in physical violence."

Benjamin Waggett, 25, of was woken at 6am by the screams of his sister outside his house in Grovebury Drive, Littleover, said prosecutor Guy Napthine.

She was shouting that taxi driver Mohammed Afsar had tried to rape her.

Her brother ran from the house in his underwear, reaching into the taxi to punch Mr Afsar, and grabbing the car keys.

His brother, Thomas Waggett, then pulled Mr Afsar from the taxi and kicked him on the ground.

Mr Napthine said it was an "extremely distressing episode" for Mr Afsar, who was completely innocent.

Recorder Goodchild told Benjamin Waggett: "This was a nasty incident and the taxi driver clearly had an appalling day because of that and because of your sister."

Waggett pleaded guilty to affray and was sentenced to 100 hours' unpaid work.

At a previous hearing, Thomas Waggett, was given a suspended three-month jail term. Mr Napthine told the court Mr Afsar was driving Miss Waggett to her address in Littleover on January 17 last year when the 18-year-old admitted she did not have enough money to pay the fare.

He said the taxi driver suggested to Miss Waggett that she leave her bag in the cab until she fetched money from her house, in Ednaston Avenue.

The court heard Miss Waggett then told Mr Afsar, a PJ Cars employee, to drive to a different address – where her brothers were. When they arrived, Miss Waggett got out of the car and did not return, so Mr Afsar called the police.

But it was Mr Afsar who was arrested, said Mr Napthine. He said: "The police arrived and he was handcuffed and was held in police custody for nine hours under suspicion of improper sexual behaviour towards the girl."

Laura Pitman, for Waggett, said her client's intention was to prevent Mr Afsar from getting away.

She said: "This is a young man who was woken up at 6am by the screams of his sister. His main concern was stopping the taxi driver from leaving."

In a police statement, Waggett's mother said her two sons were alarmed by her daughter's allegations.

She said: "(Rosie) was screaming – I'm surprised she didn't wake up the whole street. She was hysterically screaming for her brothers."

Mr Afsar was cleared of any wrongdoing and in September last year, a jury found Miss Waggett guilty of perverting the course of justice. She was sentenced to eight months' custody.

A P J Cars spokesman said Mr Afsar was unavailable for comment.