Michael Phillips murder trial: Father and son deny being in house where man was attacked

John Musgrave, 54, and his son, Sean Musgrave, 30, have both been giving their evidence at Teesside Magistrates’ Court.

The pair are among seven men charged with the murder of Mr Phillips in his home in Rydal Street on June 10 last year.

Dad-of-three, Sean Musgrave, of Wordsworth Avenue, said on the day of Mr Phillips’ death he had come home from work at about 4.30pm.

His barrister, John Harrison, QC, said: “When you went out again at 7.15pm where were you going?"

Musgrave said: "I went to Westbourne Road.

“My dad phoned me to ask Craig if he would take him for a memory stick."

He said they went to Westbourne Road to pick up the chip and came back to Wordsworth Avenue.

After this one of the other defendants, Neil Elliott, arrived and they all took a trip down to Oxford Road.

Mr Harrison asked Musgrave what the intention of going to Oxford Road was and he said it was just for a ride out.

When asked if he went into number 38 Rydal Street, Musgrave said no.

Mr Harrison said: "Who went into number 38?"

Musgrave said: "It was Ozzy Small, Lee Darby, Neil Elliott and Gary Jackson went in shortly after."

Prosecutor Joylon Perks, said under cross examination: “You were one of those people that went into Michael Phillips’ address.”

Musgrave said: “No I never.”

Mr Perks said: “You along with others, violently and deliberately assaulted him.”

Musgrave said: “You are unbelievable, you really are.”

Character references were read out both on behalf of John Musgrave and Sean Musgrave.

Mr Phillips, 39, died following an attack where he received more than 50 injuries.

Seven men deny his murder. They are: Lee Darby, 32, of Ridley Court; Neil Elliott, 44, of Briarfield Close; Gary Jackson, 31, of The Darlings, 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.