Attempted murder trial acquittal – Khadim Al’Hassan defendsPark Square Barristers
Anand Beharrylal QC and Khadim Al’Hassan instructed by Yasmin Khan Solicitors successfully represented a defendant in a violent shooting in which two men received life changing injuries, securing an acquittal on two charges of attempted murder.
The prosecution case against three men was that they each had the intention to murder the victims and that it was sheer luck that death had not occurred. The evidence involved clear CCTV, audio and compelling eye-witness evidence including from the two victims covering three escalating incidents of violence; the last of which involved a shooting where a shotgun was discharged, reloaded and discharged again. The evidence was challenged in cross-examination with a view to showing that the defendant, although locating and bringing the shotgun and ammunition to the scene, did not form the necessary intent for attempted murder i.e. an intent to kill. The case was complicated by the fact that the defendant’s father was also on trial for attempted murder, the case against him being that he was the ringleader in initiating the first incident of violence, organising the attack and ordering the shooting of the victims at the scene.
The defence, through careful cross-examination of the prosecution witnesses and the main co-defendant shooter, adduced evidence to support an alternative narrative to the case and provided a reasonable explanation for the defendant’s actions; one that had nothing to do with an intention to kill.
At the conclusion of the evidence, the prosecution amended the indictment to include alternative lesser offences of grievous bodily harm with intent. Following deliberations, the jury returned verdicts of guilty of attempted murder for the shooter; and for the defendant and his father, not guilty of attempted murder, but guilty of the alternative lesser offences of grievous bodily harm with intent. An earlier submission of no case to answer to possession of a machete alleged against the defendant, which was successful and a not guilty verdict entered.
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