Michael Phillips murder trial: Judge asks jury to consider if Hartlepool men intended to act out 'street justice'

Today, Wednesday, February 26, Mr Justice Jacobs continued to sum up evidence surrounding the death of Michael Phillips, 39, in a house in Rydal Street last June, as jurors prepare to begin their deliberations.

The defendants on trial at Teesside Crown Court 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.

Darby and Elliott also deny burglary and Elliott denies assault.

The case centres around events after a burglary at Elliott’s daughters’ home, where one of their cars was taken and later recovered, and efforts to track down the thieves, which led the men to Rydal Street.

Mr Justice Jacobs has reminded jurors it is clear from CCTV that Mr Phillips and his friend Lee Hardwell, who was in the house at the time of the attack, were not involved and police had never identified any suspects.

The judge told the jury: “The prosecution say this was a case of street justice was administered to the wrong person with a very few moments inside 38 Rydal Street.

“What happened to Mr Phillips may or may not have been connected to to the burglary at all.

He added it was suggested by Elliott’s defence there was history between Darby, Mr Phillips and Mr Hardwell, with a theory Mr Phillips had threatened Thorpe with a syringe put aside later in the hearing.

The judge continued: “Of course if you consider this is a case of administering street justice, perhaps to the wrong person, the question still remains in relation to each defendant whether or not he participated, either as a principal or secondary party, with the necessary intention to murder.”

The case will resume at 10.30am on Thursday.