A large Pakistani man charged with wounding with intent was acquitted yesterday after the judge found that he had been submitted to a flawed and unfair identity parade. Amjed Khan, 23, had faced three charges of unlawfully and maliciously wounding Almas Mohammad, Gulam Murtaza and Kahliq Zubair in September 2003 at the entrance of Victoria Park near Sugar Street. District Court Deputy Judge Garry Tallentire expressed concern over the unfairness of the parade that saw the 1.9 metre, 115kg Mr Khan surrounded by seven shorter, lighter men. And while the seven wore dark, loose-fitting jackets the defendant sported a yellow coat. It was claimed that no dark clothing in Mr Khan's size was available, so a bright-coloured jacket had to be used for him instead. The judge also ruled that the parade involving Mr Khan contained a fundamental flaw relating to the admissibility of the identification evidence. One of the people in the parade had previously appeared five days earlier in a parade before three witnesses for the prosecution in Mr Khan's case. Judge Tallentire ruled that amounted to an infringement of Mr Khan's rights. He decided it was also unfair to the defendant. The judge ruled Mr Khan should be paid his legal costs. Two of the other defendants, Damai Nirmal Kumar, 31 and Jitendra Gurung, 36, both from Nepal, were acquitted of the charges, with the judge ruling there was a lack of evidence. However, a two-month jail term was given to Kumar, who had absconded when he was due to make his plea before the court. The fourth defendant, Muhammad Iqbal, 23, from Pakistan, still faced the three wounding charges after being accused of attacking Almas Mohammad. Under questioning by prosecution lawyer David Mackenzie Ross, Mr Mohammad recounted how he was suddenly struck on the shoulder by a Pakistani man with an umbrella. Another man struck his head from behind with metal pipes. The attack took place on a rainy afternoon last year when friends Mr Mohammad, Mr Murtaza and Mr Zubair had taken shelter under the flyover near Sugar Street. A Pakistani man with two to three Nepalese men were already there. Mr Mohammad asked them to stand closer together to make some space, but they replied that they did not want to move. A short argument ensued and the group of Pakistanis and Nepalese left. One and a half hours later, while the friends were standing at the entrance of Victoria Park near Sugar Street, the group returned with a group of about 15 other men. One of the Nepali males pointed at the prosecution witnesses and said: 'That was the guy.' Then the Nepali and Pakistani men attacked them with iron pipes, baseball bats and umbrellas. The hearing was adjourned till Monday.