Senior counsel Amit Desai, who is representing Khan, told the court that the victims had been fast asleep when Khan’s car sped towards them on the night of September 28, 2002 and that their eyes opened only when the vehicle neared them. “They were fast asleep when the incident occurred. Their eyes opened only because of the sound of the approaching car. In a split second they could not have seen who drove the car,” Desai argued.
Desai rubbished witness accounts of individuals who escaped unhurt that an inebriated Khan was at the wheel of the car. “When the car was hurtling towards them, they started running. It was physically impossible to see who the driver was,” he said.