A Birmingham community leader who claimed he was too scared to give evidence at a trial into alleged Labour election smear tactics told a court that his life had been made a "living hell".

Abdul Azad, chief executive of the Bangladesh Community Trust, said he and his family had been subjected to threats after it became known he was prepared to give evidence against Muhammed Afzal, an Aston Labour councillor, who is accused of having won his seat off the back of a campaign of lies against a Liberal Democrat candidate.

Mr Azad reluctantly appeared at an election court yesterday after being warned by a judge that he could be in contempt and sent to jail if he refused to allow himself to be cross-examined.

Recorder Timothy Straker QC, sitting at Birmingham County Court as Elections Commissioner, is considering a petition brought by Saeed Aehmed, the losing candidate in Aston, asking him to overturn Coun Afzal's election in May this year.

It is alleged that Coun Afzal and members of his family spread false claims about Mr Aehmed having been arrested for postal vote fraud and having been involved in fraudulent applications for disability grants totalling £17,000.

Mr Azad told the court his car had been attacked twice, his door kicked in the middle of the night and threats had been made against his wife and children.

He added: "We are not getting any protection. I have reported it to the police but nothing has happened. My children are going to be killed. We have decided we will move from the area very soon.

"Because of the court case my family and my children are living in hell. I have had to buy a fire alarm, a smoke alarm and security locks."

Mr Azad said he attended two polling stations on election day in May this year where he heard Labour supporters urging people not to vote for Mr Aehmed because he had been "frauding disability allowances".

He recalled being visited at home by Coun Afzal who asked him not to vote for Mr Aehmed because of the disability grant issue.

Mr Azad also told the court it was common practice for Coun Afzal and other Labour councillors to offer to pay the annual sub-scription fees for Labour members in return for their votes at selection meetings for council candidates.

His evidence was described as "made up" by Gavin Millar QC, representing Coun Afzal and the Labour Party.

Mr Millar said Mr Azad harboured a grudge against Coun Afzal because grants totalling £9,000 for the Bangladesh Community Trust were blocked following an investigation into BCT finances by council auditors.

This meant Mr Azad was unable to pay suppliers of stalls and goods for the 2007 Bangla Mela festival.

Mr Millar said Mr Azad's intention was to have Coun Afzal replaced by a Liberal Democrat councillor, which would bring the Aston Ward Committee back under Lib Dem control and make it more likely that the BCT would get its grant money.

He added: "I put it to you that the evidence you have given about things you say you heard at the polling stations was made up to help Saeed Aehmed in this case."

Four other witnesses who claim they are too frightened to attend the court are still being sought by police. One, Iqbal Khan, produced a note from a doctor stating that he was too ill to give evidence.