'Illegal' evidence used to jail Coventry men
Hitmen Amjed Mahmood (left) and Jaspal Kajla
Two Coventry men serving life terms for the attempted murder of a taxi driver were convicted on the back of evidence obtained “illegally” by police, a top judge said.
Coventry men Amjed Khan Mahmood, Jaspal Kajla, and Imran Khan, from Reading, were sent down last April for the attempted killing of dad-of-three Qadir Hussain.
But they are now appealing and last week, a top judge, Mr Justice Cranston, revealed at the Court of Appeal that police had acted “illegally” in gathering crucial evidence.
Thames Valley Police officers investigating the shooting had overstepped legal limits by using covert bugging devices after Mahmood and Kajla were charged, he said.
Police were investigating following the miraculous survival of Mr Hussain, who was shot three times as he got out of his car at his home in Reading in September 2010.
Prosecutors were later to allege that the attack was borne out of a bitter family land dispute involving Mr Hussain and his cousin, Imran Khan, 35, of Wickham Road, Lower Earley.
Khan was alleged to have recruited Mahmood, 32, of May Street, Foleshill, Coventry, who in turn enlisted Kajla, 37, of Hepworth Road, Binley, Coventry, to get rid of Mr Hussain.
Barrister, Dafydd Enoch QC, told the court that detectives had obtained authorisation to use covert recording, but not after the accused were charged.
The evidence which eventually went before the jury had been recorded after Mahmood and Kajla were charged and while they were in the back of a police van, he said.
It was allowed to be used at the trial after police explained to the judge that they had not known the exact terms of the authorisation and so had not deliberately breached it.
“We submit respectfully that there has to come a point where these things do matter,” said the barrister.
“We respectfully submit that, arguably, it was wholly unfair and clearly so, unassailably so in those circumstances, to allow the introduction of the evidence in the way that it was.”
It led to complaints and a finding by the Independent Police Complaints Commission that the police had been “negligent” and that possibly constituted “professional misconduct”.
“It’s quite clear that the circumstance in which the bugging actually took place was outside the authorisation that was granted,” said Lord Justice Aikens.
The judge, sitting with Mr Justice Cranston and Judge Michael Pert QC, granted permission for a full appeal against the attempted murder convictions.
Mr Justice Cranston said: “We have reached the conclusion that this submission does raise an arguable point which ought to be considered by the full court with the prosecution present.”
No date was set for the full hearing of the men’s appeals.
Read more:
http://www.coventrytelegraph.net/news/c ... z2RGXm4Kvf
Login
Register
FAQ
