A man jailed for life for murdering a Bradford student by shooting him in the back has been told he can appeal against his conviction.

Safdar Khan, 24, was jailed last June after being found guilty of killing Dester Coleman, known as Dexter or X, outside the Young Lion Cafe in Manningham.

But yesterday, judges at London's Court of Appeal said Khan, of Tile Street, could appeal against his murder conviction in the light of new evidence. And today, Dester's girlfriend, Davina Clarke, said she was disgusted by the decision.

"This is the British justice system failing us," she said.

During the trial last year, Leeds Crown Court heard how 26-year-old Dester Coleman was shot in July 2000 as he fled a baying mob.

A 100-strong, predominately Asian gang, armed with guns, swords, baseball bats, hammers and a machete were intent on violence with Afro-Caribbeans after a row in a pub two days earlier.

Dester was killed with a single shot from a .45 calibre handgun but was an innocent victim and had not been involved in any of the earlier trouble which sparked it.

Khan was sentenced to life for murder and five years for violent disorder but yesterday Lord Justice Tuckey, sitting with Mr Justice Curtis and Mr Justice Evans, said they were persuaded to allow a full appeal against the murder conviction by arguments from Khan's defence counsel, Rodney Jameson.

New evidence included a letter from Mohammed Akhtar Ayaz, a main prosecution witnesses, to Khan in jail, which Mr Jameson claimed cast doubt on his crucial identification evidence.

Mr Ayaz had pointed out Khan as the killer, retracted it because of alleged threats made to him but then reinstated it after being brought back from Pakistan for the trial.

Mr Jameson also submitted that other identification of Khan as the man who fired the fatal shots was flawed and said two statements not used at the trial should be considered.

Initial charges of violent disorder and robbery of a bookies were dropped against Mr Ayaz, the only person to have seen shots fired, when he became a main prosecution witness instead of a defendant.

He twice identified Khan as the killer but twice retracted it, most recently in his letter to Khan, Mr Jameson told the Court of Appeal.

Mr Jameson, said: "It is a potential worry that here is a man who has blown hot and cold and on the face of it is still doing so."

He added there was no direct evidence from Mr Ayaz that even if he was right about seeing Khan firing the gun, that those shots killed Mr Coleman.

But today Miss Clarke described the decision to grant the appeal as "disgusting".

"You think you are getting over it, now this has landed me back at square one," said the 23-year-old who shared a home with Mr Coleman in New Hey Road, West Bowling.

But Upkar Bahia, solicitor for Khan, said he was delighted with the court's decision.

"It has given him (Khan) some light at the end of the tunnel," he said. "The original guilty verdict came as a great shock to everyone involved and his family. It has been traumatic for everyone.

"There was concern surrounding the evidence which led to his conviction. Grounds for appeal were lodged immediately and we were disappointed to be originally denied.

"This is the first hurdle. Next time all parties will be present at court and a full application will be heard. We hope that it will be accepted."

Khan did not seek leave to appeal against his conviction for violent disorder. No date was set for the full hearing of his appeal against the murder conviction.

Mohammed Shaffi, 26, of Whetley Grove, Girlington; Adelso Saws, 20, of Grange View, Chapeltown, Leeds, and Mohammed Raja, 31, of Parkside Road, West Bowling, were all sentenced to five years for violent disorder in connection with the incident. Raja received a concurrent sentence of five years for robbery. Yousuf Khan, 26, of Tile Street, Girlington, received three-and-a-half years for violent disorder.