THE judge in a trial of three men accused of murdering eight people in a firebomb attack has begun summing up the case.
Mr Justice Andrew Smith started his task at Leeds Crown Court yesterday in the case of Shaied Iqbal, Nazar Hussain and Shakiel Shazad, who are all charged with murdering members of the Chisti family at their home in Osborne Road, Birkby, on May 12 last year.
They are also charged with arson with intent to endanger life and conspiring to commit damage to cars by arson.
Another man, Anwar Hussain, faces conspiring to damage cars by arson.
The judge told the jury to try the case using only the evidence before them.
He warned them not to let their emotions affect their judgement.
He said: "This is a tragic and moving case but you must not allow yourselves to be carried away by emotion or sympathy. This will require great discipline."
He told them not to be influenced by previous convictions or guilty pleas entered by the defendants.
He instructed jurors to deal with each defendant separately and warned them to be careful with evidence given by defendants against their fellow accused.
He said unreliable evidence had been given by Intizar Hussain and Mohammed Arif Siddiq, who have both pleaded guilty to conspiring to commit criminal damage to motor vehicles.
The judge said: "Consider that they may be more concerned about covering up their own role rather than telling the truth."
He then directed the jury to find Nazar Hussain, Shakiel Shazad and Anwar Hussain not guilty of conspiring to commit criminal damage to motor vehicles.
He said the charge was now unnecessary as a new charge of conspiring to cause damage to cars by arson was introduced to reflect the alleged original plan to torch cars outside the Chisti home.
Nazar Hussain and Shazad have admitted the new charge.
Anwar Hussain denies it, as does Iqbal, who admitted conspiring to damage cars without fire.
The judge said to prove the conspiracy to damage cars by arson, prosecutors had to show the defendants agreed and intended to damage the cars with fire and intended to play a part in carrying it out.
On eight murder counts against Nazar, Shazad and Iqbal, the judge said it must be proved that the defendants caused a death, intended and agreed to take part and intended to kill or cause serious injury.
He said: "Each of them may play a different part. But if they are in it together as part of a joint plan or agreement to commit it they are each guilty."
The judge said it was not enough that a person was present at the scene.
He said if the jury thought defendants were guilty of intentional offences leading to the deaths - without intending the deaths - they could be found guilty of manslaughter.
The summing up began after the lawyer for one of the accused dismissed the prosecution as "weak and inconsistent."
John Jenkins QC was speaking on behalf of Anwar Hussain, who is charged with conspiring to commit criminal damage to cars by arson.
Mr Jenkins said there was no evidence Anwar took part in a conspiracy to firebomb cars outside the house.
No cars were ever burnt, but the house was bombed killing eight members of the Chisti family inside.
Mr Jenkins said Anwar knew nothing of any plans to bomb cars. He arrived at Sam's Autos on Viaduct Street in Huddersfield at 11.30pm on May 11 after petrol bombs had been made. Anwar was not there when other defendants said cars would be torched earlier that day.
FOUR men are on trial at Leeds Crown Court:
* Shaied Iqbal, 26, of Springdale Road, Thornton Lodge, denies eight charges of murder, conspiracy to commit arson with intent to endanger life and conspiracy to commit arson to motor vehicles. He pleaded guilty to conspiracy to commit criminal damage to motor vehicles.
* Shakiel Shazad, 23, of Gledholt Road, Gledholt, denies eight counts of murder and conspiracy to commit arson. He pleaded not guilty to conspiracy to commit criminal damage to motor vehicles, but guilty to conspiracy to commit arson to motor vehicles.
* Nazar Hussain, 24, of Dryclough Road, Crosland Moor, denies eight counts of murder and conspiracy to commit criminal damage to motor vehicles. He pleaded guilty to conspiracy to commit arson to motor vehicles.
* Anwar Hussain, 22, of Dryclough Road, Crosland Moor, denies conspiracy to commit arson to cars.
The fire claimed the lives of eight people at their home in Osborne Road, Birkby. The victims were: Mrs Zaib-u-Nisa, 54; her son, Ateeq, 18; her daughter, Mrs Nafeesa Aziz, 35; and her five grand-daughters - Tayyaba, 13, Rabiah, 10, Ateeqa, six, Aneesa, two, and Najeeba, six months.