THE case of a driver facing firearms charges following a police operation in which his passenger was shot dead on a slip road of the M62 has been delayed due to an independent inquiry.
Moshin Amin, 30, was today due to enter pleas over the incident in which 28-year-old Mohammed Yasser Yaqub was shot dead by a police marksmen at Ainley Top, near junction 24 of the motorway, on Monday January 2.
Amin, previously of Broomer Street, Dewsbury, but now living at a bail address in Manchester, was expected to enter pleas in relation to two counts of possession of a firearm with intent to endanger life and possession of ammunition.
David Brook, prosecuting, told Leeds Crown Court that due to the “associated fatality” at the time of the incident, the Independent Police Complaints Commission (IPCC) were conducting an investigation.
Mr Brook said the IPCC were dealing with key witness statements and forensic evidence in relation to the case, which the Crown and Amin’s lawyers had yet to receive.
The prosecutor said the plea and trial preparation hearing would have to be postponed for at least 28 days for the material to be made available to both parties.
Andrew Dallas, for Amin, said the case involved an incident in which a car was stopped by police.
He said: “The front seat passenger was shot dead by a police marksman.
“This (Amin) is the driver charged on the basis of the gun being in the front passenger footwell and ammunition in the glove compartment together with a sound moderator.”
Mr Dallas said the delay was a concern to the defence because Amin is now on bail on a 14-hour curfew.
The barrister said: “This man has had his liberty considerably restricted and for that reason in particular we would ask the court to keep a tight hold on this.”
Amin was granted bail by a judge at a private hearing on January 25.
His bail conditions include residence in Manchester and two relatives providing a surety of £150,000.
The hearing was adjourned until March 7 and a provisional trial date is yet to be fixed
Judge Robin Mairs told Amin: “Such progress as can be made has been made.”
Reading the details of the charges at an earlier magistrates court hearing, the court clerk said Amin was charged with possessing a converted self-loading pistol, a sound moderator and 11 9mm rounds of ammunition without a firearms certificate.
An inquest into Mr Yaqub’s death was opened and adjourned at Bradford Coroner’s Court last month.
The hearing was told that Mr Yaqub, described as an office clerk, was in an Audi which was brought to a “hard stop”, along with a Volkswagen Scirocco, by four unmarked police cars.
A post-mortem examination revealed he died from gunshot wounds to the chest.
Hundreds of mourners attended his funeral at the Masjid Bilal mosque in Huddersfield. Banners were placed at the scene of the shooting by campaigners criticising the police actions.
Four other men have been released on police bail pending further inquiries in relation to the incident