Michael Phillips murder accused must not be used as 'convenient scapegoat', jurors told

At court on Friday, February 21 Miss Caroline Goodwin QC, representing Lee Dary, one of the seven accused, warned he should not be used as a “convenient scapegoat” for the killing.

Darby did not give evidence in his defence – and this fact should not be used as a “shortcut to a conviction” she said.

Miss Goodwin argued Darby did not “point the finger” or “name names”, leaving himself as a “sitting duck” to become the target of blame.

Seven men deny murdering Michael Phillips and are on trial at Teesside Crown Court following the death of Mr Phillips, 39, after he was attacked at a house in Rydal Street, Hartlepool on June 10.

They are: Lee Darby, 32, of Ridley Court; Neil Elliott, 44, of Briarfields Close; Gary Jackson, 31, of The Darlings in Hart Village; John Musgrave, 54, of Wordsworth Avenue; Sean Musgrave, 30, also of Wordsworth Avenue; Anthony Small, 40, of Rydal Street, and Craig Thorpe, 36, of Young Street.

Elliott also faces charges of assault and burglary. Darby is accused of burglary.

Darby’s previous convictions, presented as part of the case’s agreed facts, may have also led others to “exaggerate” about his reputation Miss Goodwin said..

“It is not Lee Darby’s daughter’s car, it is not Lee Darby’s money. It is not Lee Darby’s keys that he’s chasing around and seeking to find,” she continued.

“It is not Lee Darby putting messages on Facebook, it is not Lee Darby who writes about how someone’s life is about to change.

“It is not Lee Darby who is dissatisfied after the vehicle is recovered, it is not Lee Darby who goes on to seek out the CCTV and it is not Lee Darby who sends a flunkie to collect it.”

Miss Goodwin highlighted inconsistencies in the evidence of witnesses Lee Hardwell, who lived at Rydal Street with Mr Phillips, and Robin Lowrie, who made a 999 call on the night of the attack.

Barristers representing Anthony Small and John Musgrave also made speeches on Friday.

Nicholas Lumley, on behalf of Small, said his client may be a “nightmare neighbour” and a “nuisance” – but not a murderer.

He said it was the prosecution’s case that Small, who counted Mr Phillips as a friend, changed from a drug taker to a cold killer in a few minutes.

“A man has lost his life far sooner than he would have done,” Mr Lumley told the court.

“Of course now, some people want others to pay for it.

“We suggest all Ozzy Small did to contribute to that terrible tragedy was agree to help knock on some doors.”

Appearing on behalf of John Musgrave, Nigel Edwards QC said the dad-of-five led an "ordinary" life. He just did a favour for Elliott, who asked him to pick up some CCTV on a memory stick.

The trial continues.