Tariq Jahan: The Justice System Has Failed Me

The Independent Police Complaints Commission (IPCC) has today issued their findings from an investigation into the conduct of two West Midlands Police officers following evidence given in a murder trial arising from the public disorder in Birmingham in August 2011.

On 10 August 2011 three men, Haroon Jahan (aged 21), Shazad Ali (aged 30), and Abdul Musavir (aged 31) were struck by a car and killed in Winson Green. Eight men were subsequently charged with their murder and a trial started on 19 April 2012 at Birmingham Crown Court.

During the trial it was alleged that certain witnesses to the events of that night may have been promised immunity from prosecution by police. The trial judge, Mr Justice Flaux, temporarily halted the trial to establish whether this was true and whether or not this information had been disclosed. As a result of his findings, he then raised concerns about the evidence given at court by officers over this promise of immunity, but dismissed an application by the defence to stop the trial for abuse of process. The trial continued and eight men were found not guilty of murder by a jury on 19 July 2012.

The report said, “West Midlands Police acted swiftly to protect the integrity of the trial and to ensure that the trial could continue. The officers in question were removed from the case and an alternative Senior Investigating Officer provided.”

“The severity of the allegations made at court led West Midlands Police to immediately refer the matter to the IPCC for independent investigation. Today’s report follows last year’s decision by the Crown Prosecution Service that the officers concerned did not knowingly make any false statements.”

Following today’s publication of the final report Assistant Chief Constable Gary Cann said: “Once again, I along with the rest of the force extend our deepest sympathies to the family and friends of the deceased who continue to grieve for their loved ones.

“The independent investigation shows that no officer from West Midlands Police deliberately misled the trial at Birmingham Crown Court.

“The investigation found that in trying to encourage witnesses to come forward to help the triple murder investigation DI Khalid Kiyani offered eye-witnesses immunity from prosecution for public order offences.

“This is clearly outside of the remit of any police officer and as the IPCC state, was a reckless act. DI Kiyani compulsorily left the force in 2012 as a result of the A19 regulations that required officers with 30 years’ service to retire and therefore cannot be the subject of any police disciplinary proceedings.

“The investigation found no evidence that Senior Investigating Officer Anthony Tagg had authorised or even knew of the offer made by DI Kiyani.

“However, during the court case, when he became aware of this immunity offer, the IPCC investigation concludes that he should have passed this information on with greater clarity.

“The report recommends that the force reminds DCI Tagg of his SIO responsibilities through management intervention. This has been completed. The force has already taken steps to strengthen some of the procedures we have with other criminal justice partners. The learning from this investigation has been built into future training for all senior investigating officers.”

 

However, Tariq Jahan has refuted these claims. “I had just lost my son,” he said. “The police were using me to quell the riots, they put me up on a platform and used me to promote non-violence.”

 

“My mistake was I had faith in the justice system. I expected to get justice, all I got was a slap in the face.”

 

“You try and talk to these same people, they don’t have time, they don’t want to know, they don’t care.”

 

“Maybe Khalid Kiyani is a scapegoat being used because he’s now retired. And no-one else is being blamed for the incompetence of the police force.”

 

“Where were all the senior officers, why were there no notes made, why are bits and pieces of information missing.”