Birkby house killer Nazar Hussain is ‘a victim of miscarriage of justice’ appeal is told

Nov 6 2009 by Joanne Douglas, Huddersfield Daily Examiner

Lord Justice Goldring, sitting with Mr Justice Foskett and Judge Peter Jacobs, took the unusual step in an appeal of hearing fresh evidence.

A newly-instructed expert for Hussain, James Howarth, told the court that scientific evidence proffered by the Crown at the original trial was ‘fatally flawed’ and should be disregarded.

Mr Howarth made wide-ranging criticisms of the way in which scientific evidence of traces of petrol and white spirit used in the arson had been gathered.

However, Crown counsel Alistair McDonald QC, insisted that Mr Howarth’s testimony cast no doubt on the safety of the jury’s verdicts in Hussain’s case.

Mr McDonald sought to rebut Mr Howarth’s allegations by calling his own expert witness, Rebecca Pepler, who insists that no ‘proper substantial criticisms’ of the original scientific evidence can be made.

Describing Miss Pepler’s report into the forensic evidence in the case as ‘comprehensive and intellectually rigorous’, he added that she utterly refuted what Mr Howarth was saying.

Mr McDonald also said that, at trial, Hussain was represented by a forensic scientist of 32 years’ experience who had dealt with hundreds, if not thousands, of fire scenes and he had not raised any issue as to the contamination of exhibits.

That same expert, said Mr McDonald, had conceded that a green can, which Hussain had taken to the scene after purchasing it at a petrol station, was used to pour petrol through the door of Osborne Road.

And the barrister also argued that the scientific aspects were a small part of the overall case against Hussain and there was substantial further evidence against him.

Hussain’s challenge against his convictions was due to start on Wednesday, but it was adjourned when he set off late from Leeds Prison where he is being held.

At Leeds Crown Court, it was the prosecution case that the attack was carried out because Iqbal and Mohammed had a grudge against one of the victims, Mohammed Ateeq-Ur-Rehman.

The Appeal Court hearing was continuing this morning.