Judge throws out case against Elland murder accused

May 21 2009 Huddersfield Daily Examiner

He said: “In order for him to be criminally liable for the use of a knife at that point, it is not sufficient for the prosecution to establish that a knife was used.

“It has to be established that he knew that a knife was going to be used, or alternatively that he was aware that a knife was being used and nevertheless continued to punch.”

The murder trial jury heard that Billy Khan would not have survived the wound he suffered during the disturbance at Poplar Court.

Ul-Haq, of Elizabeth Street, Elland, who is alleged to have fatally stabbed Mr Khan, is expected to start giving his evidence to the jury today.

Ul-Haq and Farooq’s 29-year-old son Kayshan deny murdering Billy Khan and attempting to murder his brother Yusuf Khan.

They also deny intimidating Yusuf Khan’s girlfriend shortly after the stabbing. The trial continues.