Case No. EWCA-Crim-226

, then they can be regarded by you as going to support the prosecution’s case. (Underlining added)The lies may not have been told for an innocent reason but nonetheless may be of limited value on the issue of knowledge (see Bullen [2008] EWCA Crim 4).32.The respondent relied on covert recordings of Nadeem and Azam speaking whilst in a police van. The conversations certainly excite suspicion of participation in the attack but not, at least directly, of prior knowledge of the gun. The respondent argues that if they were unaware of the gun, then they could have been expected to say that. It will be noted that Azif was also convicted of murder even though he did not participate in this conversation. 33.As we have said, it is the respondent’s case that whenever the handover occurred the three appellants must have been nearby and seen the handover and/or were walking towards the cul de sac with the now armed Kadeer Hussein. The jury were entitled, so the respondent says, to draw that inference having regard to the matters which we have just outlined. 34.We disagree. It seems likely that Kadeer Hussein (who did not have a gun while being observed on CCTV) obtained the gun from one of the 20-25 Asians who were counted by Miss Thompson as the group moved off down Roslin Grove towards Melbourne Avenue shortly before the killing. In the absence of any evidence, whether direct or circumstantial, to help the jury determine when Kadeer Hussein was given the gun, it would not be right to draw an inference that he was given it in circumstances where the appellants must have known that Kadeer Hussein had a gun before arriving at the cul-de-sac. Indeed he could have been given the gun at the very last moment. 35.For these reasons we allowed the appeal and quashed the convictions for murder.Map of area: < http://maps.google.co.uk/maps?f=q&source=s_q&hl=en&geocode=&q=lozell+road+birmingham&sll=53.800651,-4.064941&sspn=18.61907,35.639648&ie=UTF8&hq=lozell+road&hnear=Birmingham,+UK&ei=3dJ6S8XJC4GQjAeKpdSABg&attrid=813137d45c3cfa13_&ll=52.502743,-1.910162&spn=0.018025,0.034804&z=15 &gt