Michael Phillips murder trial: Accused did not 'assist or encourage' anyone to attack Hartlepool man, jury told

Sean Musgrave is one of seven men currently on trial at Teesside Crown Court for the murder of Mr Phillips who died in his Rydal Street home on June 10 last year.

The defence barristers for the accused men have been summing up the evidence to the jury, with Sean Musgrave represented by John Harrison QC.

Mr Harrison said: “Mr Musgrave's character is very important.”

Quoting from a reference given to the court on behalf of Musgrave, he said: "Mr Sean Musgrave is polite, well-mannered and punctual.

"He is well humoured and easy to get on with."

Mr Harrison asked if someone with such a good character get involved in something like this, intending to go out and commit murder.

He said: "Sean Musgrave's character makes it highly unlikely he would act in the way the prosecution say he did."

Mr Harrison said that in the case of Musgrave all the evidence proves is nothing more than he went in Elliott's car.

He said the prosecution case is that all day Sean Musgrave was plotting to find the burglars and cause harm.

But, he said: "We say, on his behalf, the prosecution is a long way from making you sure of their case.

"The evidence, in fact, in Mr Musgrave's case is rather that he never at any stage intended to commit murder or cause serious harm."

In his original interview Sean Musgrave remained silent, just giving 'no comment' answers and Mr Harrison said he did this after taking free legal advice.

He said: “He is arrested at 3am in the morning, taken to a police station and left to stew for hours.

"He took free legal advice and we would suggest that is an entirely reasonable thing to do and it shouldn't be held against him."

John Elvidge QC gave evidence in the defence of Gary Jackson who had recently been married, days before the death of Mr Phillips, to his wife who is a teacher in a secondary school.

He said Jackson could have gone to university, but instead went into business with his father.

Mr Elvidge said: "He is a hard-working young man, we present him as a credit to his family, his town and his region."

He said on the day of Mr Phillips' murder Jackson was going about his normal working life not preoccupied in a campaign to carry out violence.

Mr Elvidge said: "We invite you to reject the notion that there was some plan.

"We certainly invite you to reject the idea that Mr Jackson was part of any plan or scheme to cause someone any serious harm."

He said Jackson wasn't involved in collecting CCTV, riding in Elliott's car or going to the Premier store among a number of other things.

He said: "In short Gary Jackson did nothing, nothing, to arrange this trip or recruit anybody to it, to arrange their transport or anything else."

The seven men charged with the murder of Michael Phillips 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.

The trial continues.