A MAN jailed for an alleged attack on an old acquaintance today had his conviction quashed because a key witness - unbeknown to the jury - had a "quite dreadful" criminal record for dishonesty.
Sajid Sarwar, 29, of Audley Range, Blackburn, was jailed for four-and-a-half years at Preston Crown Court in May 2002 after he was convicted of wounding with intent.
But Lord Justice Kay, sitting with Mr Justice Douglas Brown and Dame Heather Steel at London's Appeal Court, quashed the conviction, ruling it was unsafe.
The court heard how a Crown Prosecution Service mix-up meant a key witness in the case had been presented to the jury as reliable and wholly independent. In fact, he had a string of convictions for offences of dishonesty and had spent long periods behind bars.
Lord Justice Kay said there was no doubt the victim had been attacked by someone and had suffered a broken leg in the attack in February 2001. But the fact that the key witness's true character was not revealed to the jury meant Mr Sarwar's conviction was unsafe.
The judge explained: "The defence was entirely unaware that this witness had a quite dreadful criminal record. He had previous convictions for dishonesty, and had served lengthy terms of imprisonment. The jury considered a statement which appeared to come from a reliable and wholly independent witness.
"If they had known that, in fact, that statement came from somebody with a bad record who had demonstrated he had been capable of being dishonest, then they might very well have approached the evidence differently.
"We are satisfied this conviction now has to be seen as unsafe, and this appeal must be allowed."
Ruling that Mr Sarwar must now be retried, the judge concluded: "It seems appropriate that there should be an opportunity for the Crown to have a retrial in relation to this matter."
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