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Man cleared of attempt to kill Pc Man fired gunshot that killed Pc
(about 2 hours later)
A judge has ordered a jury to clear a man of the attempted murder of a policewoman after an armed robbery in which her colleague was murdered. One of the five men accused of the murder of Pc Sharon Beshenivsky after an armed robbery in Bradford last year has admitted he fired the fatal shot.
Muzzaker Imtiaz Shah, 25, has no case to answer over the attempted murder of Pc Teresa Milburn in Bradford last November, Mr Justice Andrew Smith said. But Yusuf Abdillh Jamma, 20, of Whitmore Road, Small Heath, Birmingham, denies murder, saying he did not fire the 9mm pistol intentionally.
Shah has pleaded guilty to the murder of Pc Sharon Beshenivsky outside the Universal Express travel agents. He admitted at Newcastle Crown Court two firearms offences and robbery.
He denies firing the shot that killed her, Newcastle Crown Court has heard. Muzzaker Imtiaz Shah, 25, was cleared of attempting to murder Pc Teresa Milburn, Mrs Beshenivsky's colleague.
After Shah was cleared, Yusuf Abdillh Jamma, 20, of Whitmore Road, Small Heath, Birmingham, pleaded guilty to two of the four firearms offences he faces. Shah has already pleaded guilty to the murder of Pc Beshenivksy outside the Universal Express travel agents on 18 November 2005, but denies firing the gun that killed her.
He also admits robbery but denies the murder of Pc Beshenivsky. The judge, Mr Justice Andrew Smith, told the jury he had no case to answer over the attempted murder of Pc Milburn and directed them to return a not guilty verdict.
Charges denied
His co-accused, Raza Ul-Haq Aslam, 25, of St Pancras Way, Kentish Town, north London; Faisal Razzaq, 25, and his 26-year-old brother Hassan, both of Sebert Road, Forest Gate, east London, all deny murder.
The judge told the jury: "As you know, last week I considered a number of matters.
"One of them was whether the case against Shah on the attempted murder of Pc Milburn should continue in light of the evidence presented by the prosecution.
"Mr Shah had pleaded guilty to all the other charges, including the murder charge.
"The decision that I reached was that the count of the attempted murder charge cannot properly be allowed to continue.
"Therefore I'm going to direct you to return a not guilty verdict on that count.
"Shah will therefore take no further part in the trial after that."
Call for help
Earlier in the trial, Pc Milburn sobbed in the witness box as she recalled seeing Pc Beshenivsky's head "flop" to the side before she collapsed in a heap in front of her.Earlier in the trial, Pc Milburn sobbed in the witness box as she recalled seeing Pc Beshenivsky's head "flop" to the side before she collapsed in a heap in front of her.
After being blasted in the chest herself, 37-year-old Pc Milburn staggered down the road before collapsing and issuing a "code zero" alert to summon help. Muzzaker Shah was cleared of attempting to murder Pc Milburn
Coughing up blood, she managed to describe the gunman to fellow officers as they arrived at the scene. She recalled seeing an Asian man and a black man in the doorway of the premises, with the Asian man pointing a gun towards them.
Pc Milburn recalled seeing an Asian man and a black man in the doorway of the premises, with the Asian man pointing a gun towards them.
The mother-of-one told the court the Asian man was responsible for injuring her and shooting dead her colleague.The mother-of-one told the court the Asian man was responsible for injuring her and shooting dead her colleague.
Pc Milburn repeatedly denied suggestions put by Diana Ellis QC, for Shah, that she was mistaken and a black man had been responsible. Giving evidence in the witness box, Jamma admitted the gun which killed Pc Beshenivsky was discharged while it was in his possession.
Peter Griffiths, QC, defending Jamma, asked his client if he "accepted that when the gun was discharged, fatally injuring Pc Beshenivsky, that that gun was in your possession at that time?"
Jamma replied: "Yes."
He told the court the three robbers inside the travel agents were his brother Mustaf, who remains on the run, Shah, and himself.
He said they all "started to panic" when two community wardens, who they thought were police officers, approached the locked door of the premises.
He said that everything happened "in a split second" when they left the travel agents.
I just remember hearing me pulling the trigger, sort of thing Yusuf Abdillh Jamma
Jamma, who was carrying a 9mm pistol fitted with a silencer, said what happened next was a "blur".
"I just remember hearing me pulling the trigger, sort of thing," he said.
"It wasn't a loud bang. It wasn't as loud as the bang we heard inside. It was sort of muzzled."
Asked by Mr Griffiths if he intentionally discharged the gun, he said: "No, I didn't."
Asked if he knew the gun he had was real and loaded, he said: "No, I didn't."
Asked if he remembered a second discharge of the gun, Jamma said: "I recall nothing at all from that point on. I carried on running away."
Asked if he recalled a third discharge of the gun, Jamma said: "No, not at all."
The three other accused, Raza Ul-Haq Aslam, 25, of St Pancras Way, Kentish Town, north London; Faisal Razzaq, 25, and his 26-year-old brother Hassan, both of Sebert Road, Forest Gate, east London, all deny murder.
The trial continues.