THE brother of a Burnley man captured fighting for the Taliban in Afghanistan has been jailed for two years for possessing a handgun.
Hussain Khan, 23, told police somebody else put the Magnum pistol in the glove compartment of the car he was driving car but refused to name them, Burnley Crown Court heard.
There has been no suggestion that Hussain Khan has any links with the Taliban or shares his brother's beliefs.
He was told by a judge at Burnley Crown Court that, although it could not be proved it was his gun, he had committed a very serious offence.
Judge Raymond Bennett said Khan allowed the pistol and live ammunition to be in the vehicle. Khan, of Dane Street, Burnley, was convicted of possessing the prohibited weapon last February. He denied the allegation and has lodged notice of appeal.
Peter Horgan, prosecuting, told the court two police officers were on patrol with the Armed Response Unit and saw the defendant driving a Saab convertible in Burnley. The officers followed the vehicle into a car park.
They motioned for the two male occupants to get out and, as they were questioned by PC Mohammed Khan, another officer searched the car.
PC Khan heard the defendant speaking to the other man in Pushto. He said: "There's that thing in the front" and when an officer opened the glove compartment, he found the handgun loaded with five rounds of ammunition. Another 32 live rounds of ammunition were also discovered in the vehicle.
Mr Horgan said the defendant was arrested and taken to the police station. He was interviewed and said he had collected the car, which was his brother's, half an hour before. The gun and ammunition were not in the vehicle when he collected it.
Khan told police the pistol was put there by another male shortly before he had been stopped by police. He refused to name the male.
The prosecutor added the defendant had never been to prison and had no previous convictions in relation to guns.
Anthony Cross, defending, said Khan still maintained his innocence and would be appealing against conviction.
It the gun had been going to be put to a specific use, the sentence would obviously be more significant. Khan had to be dealt with on the basis of temporary control of the weapon. Mr Cross said at the time of the alleged offence and at the time of trial, the defendant had been working. He was expecting to own his brother's restaurant but because Khan had been incarcerated, the business might not survive.
The barrister added both Khan's elderly parents had been unwell and he bore some responsibility for their care.
Mr Cross, who said the defendant was engaged and was hoping to marry, urged the court to pass as short a sentence as was consistent with its public duty.
Another of Khan's brothers, Anwar, has been held by the Northern Alliance for more than two years. His family sent him to Pakistan to 'kick' a heroin habit.
After spending only two weeks at an uncle's house, it is thought he crossed the border into Afghanistan and took up an offer to fight for the Taliban in exchange for heroin.
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