Hassan Mir - Pleaded Guilty to Violent Disorder, and was Convicted of Murder
Sultan Mir - Not Guilty of all charges
Imran Hussein - Found Guilty of Murder
Imran Asif Ali - Found Guilty of Murder
Usman Butt - Pleaded Guilty to Violent Disorder and found Guilty of Murder
Noor Kayani - Pleaded Guilty to Violent Disorder and found Guilty of Murder
Azam Butt - Found Guilty of Murder
Kashif Khan - Not Guilty to all charges
Khurram Khan - Crown entered Not Guilty verdict
Hammad Bhatti
Favaad Bhatti
Javaad Bhatti
Yaseen Bashir
The Prosecution's argument was that Hassan Mir, the First Defendant, stabbed Mohammed Ali, and Mir and Imran Hussain; the second Defendant, stabbed Hayder Ali. The remaining Defendants were secondary parties, according to the Prosecution.
Following a 7 month trial, presided over by His Honourable Judge Moss QC, 6 Defendants were found Guilty of two counts of murder. Hassan Mir and Imran Hussain were both sentenced as principals, and the rest of the Defendants as secondary parties. Two Defendants, Sultan Mir and Kashif Khan were acquitted on all counts.
The Bhatti brothers were crucial witnesses for the Prosecution.
Omar Butt
Quadeer Khan
Shazad Kayani
Bilal Kayani
Hammad Bhatti
Favaad Bhatti
Javaad Bhatti
Yaseen Bashir
During the course of the second trial, the Judge halted proceedings on the basis that the defendants could not receive a fair trial. This is due to the fact that during the course of the evidence, it was discovered that Shahid Ali, the father of Mohammed and Hayder Ali, together with a friend of his, had improperly sought to influence the evidence of the Prosecution witnesses. Numerous telephone calls had been made during the course of the second trial, and also whilst the Prosecution witnesses were in the midst of giving their evidence.
The trial Judge stayed the proceedings, but the Prosecution decided to appeal against the decision taken to stay the proceedings. The Court of Appeal upheld the trial Judge’s decision [2008 EWCA Crim 238]
Following this discovery in the course of the second trial, and the subsequent collapse of that trial, those convicted in the first trial appealed against their convictions, on the basis that in light of this discovery, their convictions were unsafe. It transpired that similar telephone calls had been made between the Prosecution witnesses and Shahid Ali.
In addition to this, there was the discovery of fresh and therefore unchallenged evidence in the form of CCTV footage, which the Prosecution had failed to disclose. This showed that a conversation with a man by the name of Zak Uddin took place significantly earlier than the Bhatti brothers had stated in evidence. The significance of this will become apparent in due course. For these reasons, the original convictions were quashed.
Re-trials were ordered in respect of Hassan Mir, Imran Hussein, Imran Asif Ali and Usman Butt. Three of these Defendants were re-tried on the basis of forensic evidence and one Defendant on the basis of a so-called ‘in-cell confession’. Re-trials were not ordered in respect of Noor Kayani and Azam Butt. Please note, the Court of Appeal Judges specifically asked the Prosecuting Counsel, the following question:
“Are there any other Prosecution witnesses the Prosecution is seeking to rely on?” to which the Prosecuting Counsel answered “No”.
(Appeal judgement is available on this site)
The Judge would not allow Hammad Bhatti, Favaad Bhatti, Javaad Bhatti or Yaseen Bashir to provide evidence on behalf of the Prosecution, on the basis of the Court of Appeal findings.
In January 2010, as a result of this, and in addition to the fact that the Prosecution had categorically stated that they did not have any further witnesses to call on behalf of the Prosecution, pleas were accepted by Hassan Mir and Usman Butt. These pleas were accepted on the basis of Joint Enterprise; that they were not the principals and they were not the stabbers. Imran Asif Ali pleaded guilty to conspiracy to commit GBH with intent and Violent Disorder.
At the start of the proposed re-trials, the Prosecution took the decision to sever the case of Imran Hussain. In February 2010, Imran Hussain pleaded guilty to conspiracy to commit GBH with intent.