A FARNWORTH man — jailed for attacking two of his landlord nephew's tenants at a Bolton property — has won the right to fight his conviction at the Court of Appeal.
Mohammed Nazir, aged 47, of Lavender Road, was jailed for five years along with his nephew, Sultan Mahmood, aged 37, of Handsworth Wood Road, Birmingham in June 2013.
Mahmood, who is also a solicitor, was renting out the property to Khurram Awan and Noman Shazad, who suffered head injuries, caused by a weapon.
Mahmood and Nazir were found guilty of attempted GBH at Bolton Crown Court.
The pair have won the right to fight the convictions after three judges at the Court of Appeal granted them permission to appeal to the full court as they have “arguable” grounds on which the court might decide the verdicts should be quashed.
The prosecution alleged Mahmood and Nazir were armed with either a house brick or knuckle duster and attacked the two tenants after an argument on the phone.
They claimed the complainants were the aggressors in the incident.
Lord Justice Jack Beatson said: “We are satisfied it is arguable that the recorder’s direction on joint enterprise is arguable flawed, because it does not contain a direction on the need for the jury to be sure that both defendants intended really serious harm to the complainants.
“We also observe that, given the complex state of the evidence, the summing up gave the jury insufficient assistance as to which defendant struck which complainant and who was the principal and who was the assister.”
No date was set for the hearing at the Court of Appeal.