Mr deMello dealt principally with the Aston petitioners? claim that Coun Afzal was with two other Labour candidates at a warehouse at midnight forging postal votes.
Police raided the warehouse, described by the judge as a ?vote-forging factory?, and a police constable identified Coun Afzal in court as having been there.
Mr deMello said Coun Afzal (pictured) was not there and had not been at the Labour Party headquarters in Aston when fellow Labour candidates were seen to be placing bundles of postal votes in a car to take them to the warehouse.
He said Ayoub Khan, a Liberal Democrat candidate in the Aston election, and his brothers, who helped to organise the petition, had ?an axe to grind? in fabricating evidence against Coun Afzal.
They hatched a plot in claiming that Coun Afzal was at the warehouse because it would serve their best interests to have him disqualified from standing in future elections.
Mr deMello added: ?It is implausible that Coun Afzal would after 22 years unblemished service suddenly do something as characteristically irresponsible as alleged by the petitioners.?
Witness accounts by police officers who visited the warehouse were vague and sloppy, he said.
?There is simply no evidence presented that Coun Afzal is personally guilty of any corrupt or illegal practice,? Mr deMello said.
He urged the judge to use the criminal burden of proof ? a finding of beyond all reasonable doubt ? when considering whether Coun Afzal was at the warehouse or played any part in alleged rigging of postal votes.
It would be grossly unfair to avoid the election of Coun Afzal because of something other Labour candidates or supporters might have done without his knowledge.