Lawyers plea for 'common sense' in Billy Khan murder trial

May 29 2009 By Neil Atkinson

Mr Taylor said the jury had to be satisfied that at the time he stabbed Billy Khan Ul-Haq had a ''murderous intent''.

He pointed out that his client had got the knife from his home rather than nearby Langdale Street where his brother lived and that there was only a single stab wound and not repeated stabs.

He also submitted that because Billy Khan was stabbed in the stomach area it would only have needed mild-to-moderate force to cause the injury.

''I suggest to you that all of these are big tell-tales for you when you ask yourself the question was there here a murderous intent,'' said Mr Taylor.

He said the jury would also have to consider whether Ul-Haq was acting in defence of his 51-year-old brother Mohammed Farooq.

''If you are satisfied that Miftah Ul-Haq believed his brother was in imminent danger of death, if you believe that was in his mind, then he was entitled to take the action he took to save his brother's life,'' submitted Mr Taylor.

But he added that the force used by his client would have to be considered reasonable and that would be a matter for the jury to apply their common sense.

The trial continues