A tobacco warehouse owner spoke today of the moment he awaited an executioner's bullet - only to hear the click of the gun as it jammed.

Francis Lemal had already been shot three times during a raid at his warehouse, La Tabatheque, in Esch, Luxembourg.

Today he told a court that his would-be assassin was 29-nine year old York man Edward Birkinshaw.

And Birkinshaw's father Keith, 50, looked on as his son pulled the trigger, Mr Lemal claimed.

His warehouse manager, a 25-year old Frenchman, was shot dead during the raid, the court was told.

Mr Lemal identified the Birkinshaws and another York man, 26-year old Glenn Dawson, after emerging from a coma in hospital weeks after the raid in November 2000.

The warehouse owner needed a police guard in hospital and remains under police protection at home, because Edward Birkinshaw offered a £10,000 reward for his murder, police have told the Luxembourg court.

Today Mr Lemal faced the three accused men across the courtroom as he described the night of the attack.

Keith Birkinshaw is charged with attempted murder and robbery, Edward Birkinshaw with murder, manslaughter and armed robbery, and Glenn Dawson with murder.

Keith Birkinshaw says his own son fired the fatal shot, but Edward Birkinshaw and Glenn Dawson claim they were in Calais when the raid took place.

Mr Lemal knew Keith Birkinshaw as a regular client, bringing groups of men on ''smuggling tours'' to buy up lorry loads of cheap UK-brand cigarettes to re-sell back home at a huge profit.

He told the court today that late on November 6 2000 the three accused men arrived at his warehouse. As Mr Lemal was talking business with Keith Birkinshaw, Edward Birkinshaw suddenly appeared with a gun, the court heard.

The court was told that the warehouse owner fled for cover as Birkinshaw, holding the weapon with both hands, fired and hit him in the leg. He was then hit in the stomach by a second shot and wounded again by a third shot, the court heard.

By now, Mr Lemal explained, he was trying to hide behind two metal filing cabinets - and as he did so he heard his 25-year old warehouse manager cry out in French, ''No, not that!'' as another shot rang out.

Then the gunman approached Mr Lemal once more as he lay seriously wounded on the floor.

He told the court: ''It felt like someone bent over me to put the gun to my neck. Then I heard the gun click.''

As Mr Lemal waited he heard someone in the warehouse shout in English ''Hurry up!'' - then the warehouse went quiet. He told the court that he heard a car pull away, then dragged himself to the warehouse entrance gate and called the police. The case continues on Monday.